South Carolina's new 'at will employment' statute was signed into law on March 15, 2004. This legislation provides a 'road map' for employers to avoid having their employee handbooks and personnel policy manuals treated as employment contracts. However, employers that fail to follow this road map may find themselves with unexpected legal problems and legal exposure.
Every employer in South Carolina needs to be aware of this new legislation, how to take advantage of this new legislation and the risks associated with taking no action.
- Breaking down South Carolina's new at-will employment statute
- Conspicuous disclaimers and the new twist placed on conspicuous disclaimers by the new at-will employment statute
- Handling the signature requirement and related record-keeping issues
- Important issues related to issuing, rescinding, re-issuing and
modifying employee handbooks and personnel policy manuals
- The most important personnel policies in your employee handbook - independent of the new at-will employment statute - and common flaws in these policies
9:00 a.m. - 9:45 a.m.
I. Brief History Of At-Will Employment In South Carolina (Necessary For
Understanding The New Statute That Was Signed Into Law On March 15,
9:45 a.m. - 10:30 a.m.
II. Breaking Down South Carolina's New At-Will Employment Statute
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:00 a.m.
III. Conspicuous Disclaimers And The New Twist Placed On Conspicuous
Disclaimers By The New At-Will Employment Statute
A. What Should The Disclaimer Say?
B. How Do You Make The Disclaimer Conspicuous?
11:00 a.m. - 11:30 a.m.
IV. Handling The Signature Requirement And Related Record-Keeping Issues
11:30 a.m. - 11:45 a.m.
V. The Significance Of July 1, 2004
11:45 a.m. - 12:30 p.m.
VI. Important Issues Related To Issuing, Rescinding, Re-Issuing And
Modifying Employee Handbooks And Personnel Policy Manuals
A. South Carolina's Ex Post Facto Law
B. The Employer's Legal Right To Unilaterally Modify Or Rescind Personnel Policies
C. The 'Actual Notice' Requirement
D. The Step-By-Step Process For Taking Full Advantage Of The New Statute
E. Special Issues Related To The Issuance Of A 'Stand Alone' Or 'Individual' Personnel Policy
12:30 p.m. - 12:45 p.m.
VII. Summary Of The Risks Associated With Taking No Action
12:45 p.m. - 1:45 p.m.
Lunch (On Your Own)
1:45 p.m. - 3:15 p.m.
VIII. The Most Important Personnel Policies In Your Employee Handbook –
Independent Of The New At-Will Employment Statute - And Common
Flaws In These Policies
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:30 p.m.
IX. General Employment Law Update And Question And Answer Session