Summary
In South Carolina, employment is generally at-will, meaning you can be terminated for any reason unless its illegal, such as discrimination or retaliation. If you were fired after a physical altercation with a customer, you might have grounds to contest the termination, especially if it was in response to an assault. Document all evidence, including police reports and witness statements, and consider consulting an employment attorney to assess your case for wrongful termination. The delay in your firing could be due to the employers review process, but it doesnt necessarily justify the termination.Full Conversation
West Columbia, SC
Hi ****! How can I assist you with your legal issue today?
I was recently fired from my job as assistant Manager at a gas station/ convenience store. A woman was being very confrontational with one of my cashiers, so i stepped in, she continued to be ugly and using foul language, so i refused service. She kept yelling and using profanity, so i told her again i was refusing service and to leave the store. She threw a full * oz soda at me and hit me in the throat. Instinct kicked in and i jumped over the counter and chased her out of the store. I realized i was at work and common sense kicked back in, so i decided i would get her tag number. She snatched my phone out of my hand and jumped in her car. I ran after, and tried to get my phone. Shes already backing up, too quickly for our little parking lot, so i yell, keep the phone, ill have the police get it back. And i go inside and call the police first, then my district manager. The police take the report, and speak to all the witnesses that stuck around to give statements, that were inside during the assault. The police are gone by the time my DM showed up. He gets the police report, and then goes about what he was really there for, which was a safety walk thru. Then he leaves. This was on Tuesday October *. I didnt hear anything else about the incident. My DM comes that Sat. October * to do a scheduled cigarette audit. Counts the cigarettes twice, while im doing truck orders, then waits until i finish, to tell me im fired. He cites a paper i signed when i was hired saying we arent allowed to follow/chase shoplifters, thieves, or robbers out of the store for safety reasons. Yes, i signed that paper. This woman wS not a shoplifter, thief, or robber. She was an unruly customer that physically assaulted me. I never signed anything saying i couldnt respond to a physical assault on my person. What legal rights do i have? Can i contest the firing?
Given the circumstances, you may have grounds to contest your firing, especially if your actions were in response to a physical assault. Here are some points to consider:
- South Carolina is an at-will employment state, meaning you can be fired for any reason, except for illegal reasons such as discrimination or retaliation.
- Document everything: Gather all evidence, including the police report, witness statements, and any communications with your employer.
- Consult an employment attorney: They can provide specific advice and help you assess if you have a strong case for wrongful termination or any other claims.
Would you like guidance on finding an employment attorney in your area?
If thats their readon for firing me, why wasn't i dismissed at the time of incident instead of4 days later?
It's possible that your employer took some time to review the incident, gather information, and decide on the appropriate action. However, this delay does not necessarily justify your termination, especially if you believe it was unjust.
Would you like to consult an employment attorney to explore your options?
No thank you, im still researching. Thank you for your help today. I appreciate the information. Thank you for your help
You're welcome, ****! I'm glad I could help. If you change your mind or need further assistance, feel free to reach out. Take care and best of luck with your research!