South Carolina Whistleblower Law
Whistleblowers protected under common law “public policy” tort, but an adequate statutory remedy may preclude common law claim.
Court Decisions:
- Barron v. Labor Finders, 2011 W.L. 3273596 (S.C. 2011)
- Dockins v. Ingles Markets, Inc., 413 S.E.2d 18 (S.C. 1992)
- Lawson v. South Carolina Department of Corrections, 532 S.E.2d 259 (S.C. 2000)
- Ludwick v. This Minute of Carolina, Inc., 337 S.E.2d 213 (S.C. 1985)
- Fisher v. City of North Myrtle Beach, 2012 W.L. 3638769 (D.S.C. 2012)
- Donevant v. Town of Surfside Beach, 778 S.E.2d 320 (S.C. App.2015) (upholding $300,000 jury verdict for whistleblower)
Statutes:
- SC Code § 8-27-10–50 (public employees)
- SC Code § 41-15-510 and 520 (health and safety)
Frequently Asked Questions
Does South Carolina have a False Claims Act (FCA)?
South Carolina has a false claims statute that outlaws fraud against the state’s Medicaid program, but no official false claims act.
Does the South Carolina statute have a whistleblower provision?
N/A.
Does South Carolina recognize the public policy exception for wrongful termination?
Yes. The state of South Carolina recognizes this exception, which prevents employers from firing employees if the reason for doing so violates a clear public policy.
