2001-2002 Bill 5035: Preservation of At-Will Employment Relationship in Connection With

BIL:5035

TYP:General Bill GB

INB:House

IND:20020409

PSP:Cotty

SPO:Cotty, Altman, Sandifer, White and Barrett

DDN:l:\council\bills\dka\4795mm02.doc

RBY:House

COM:Labor, Commerce and Industry Committee 26 HLCI

SUB:Preservation of At-Will employment relationship in connection with employee handbook personnel policy manual, etc.

HST:

BodyDateAction DescriptionComLeg Involved

______

House20020522Co-Sponsor added (Rule 5.2) by Rep.White

Barrett

House20020521Co-Sponsor added (Rule 5.2) by Rep.Sandifer

House20020409Introduced, read first time,26 HLCI

referred to Committee

Versions of This Bill

TXT:

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 41 SO AS TO PROVIDE FOR PRESERVATION OF THE ATWILL EMPLOYMENT RELATIONSHIP IN CONNECTION WITH THE USE OF AN EMPLOYEE HANDBOOK, CODE OF CONDUCT, PERSONNEL POLICY MANUAL, OR OTHER INFORMATIONAL DOCUMENT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Title 41 of the 1976 Code is amended by adding:

“CHAPTER 9

At-will Employment

Section 41910.For purposes of this chapter, a contract of permanent employment or for employment for a duration of years which is not supported by consideration other than the obligation of service to be performed on the one hand and wages on the other creates an atwill employment relationship, terminable at the will of either party.

Section 41920.An employee handbook, code of conduct, personnel policy manual, or other writing, or amendment to a writing, provided by an employer to an employee for informational purposes is not an employment contract for purposes of altering the atwill employment relationship, notwithstanding the use of mandatory language in the document, if:

(1)the document contains a conspicuous, clear, and effective disclaimer that the document is not an employment contract and does not alter the atwill status of the employment, with a clear and precise explanation of atwillemployment; and

(2)the employee signs an acknowledgement of the disclaimer, evidencing that he has read it and understands its effect.”

SECTION2.This act takes effect upon approval by the Governor.

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