Bill 209

                    Current Status

Bill Number:               209
Ratification Number:       326
Act Number:                320
Introducing Body:          Senate
Subject:                   Provide for a civil action against an
                           employer who dismisses or demotes an employee
                           who complies with a valid subpoena to testify
                           in a court or administrative proceeding or to
                           serve on a jury of any court

(A320, R326, S209)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-70, SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST AN EMPLOYER WHO DISMISSES OR DEMOTES AN EMPLOYEE WHO COMPLIES WITH A VALID SUBPOENA TO TESTIFY IN A COURT OR ADMINISTRATIVE PROCEEDING OR TO SERVE ON A JURY OF ANY COURT, TO LIMIT THE AMOUNT OF DAMAGES WHICH MAY BE IMPOSED ON THE EMPLOYER, AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE RETROACTIVE TO JANUARY 1, 1984.

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

Employer subject to civil action

SECTION 1. The 1976 Code is amended by adding:

"Section 41-1-70. Any employer who dismisses or demotes an employee because the employee complies with a valid subpoena to testify in a court proceeding or administrative proceeding or to serve on a jury of any court is subject to a civil action in the Circuit Court for damages caused by the dismissal or demotion.

Damages for dismissal are limited to no more than one year's salary or fifty-two weeks of wages based on a forty hour week in the amount the employee was receiving at the time of receipt of the subpoena.

Damages for demotion are limited to the difference for one year between the salary or wages based on a forty hour week which the employee received before the demotion and the amount he receives after the demotion."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor and is retroactive to January 1, 1984.