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S.C. Code Ann. § 8-27-30

Civil action against employing public body for retaliation; remedies; exhaustion of remedies and other prerequisites; time to bring action

Applied in 12 court decisions — leading case Texas Department of Human Services v. Hinds (1995)

Most recently applied in 47 F. Supp. 3d 430 - Giraldo v. City of Columbia (September 2014)

1988 Act No. 354, eff March 14, 1988; 1993 Act No. 164, Part II, SECTION 37C, eff June 21, 1993, and applies with respect to any personnel actions taken after that date.

How often courts cite this section

199220002010201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) If an employee is dismissed, suspended from employment, demoted, or receives a decrease in compensation, within one year after having timely reported an alleged wrongdoing under this chapter, the employee may institute a nonjury civil action against the employing public body for (1) reinstatement to his former position; (2) lost wages; (3) actual damages not to exceed fifteen thousand dollars; and (4) reasonable attorney fees as determined by the court, but this award of attorney fees may not exceed ten thousand dollars for any trial and five thousand dollars for any appeal. The action must be brought in the court of common pleas of the county in which the employment action occurred. No action may be brought under this chapter unless (1) the employee has exhausted all available grievance or other administrative remedies; and (2) any previous proceedings have resulted in a finding that the employee would not have been disciplined but for the reporting of alleged wrongdoing.

(B) An action under this chapter must be commenced within one year after the accrual of the cause of action or exhaustion of all available grievance or other administrative and judicial remedies or is forever barred.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.