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Bill 5035

                    Current Status

Bill Number:                      5035
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020409
Primary Sponsor:                  Cotty
All Sponsors:                     Cotty, Altman, Sandifer, White and 
                                  Barrett
Drafted Document Number:          l:\council\bills\dka\4795mm02.doc
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Preservation of At-Will employment 
                                  relationship in connection with employee 
                                  handbook personnel policy manual, etc.


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020522  Co-Sponsor added (Rule 5.2) by Rep.            White
                                                                 Barrett
House   20020521  Co-Sponsor added (Rule 5.2) by Rep.            Sandifer
House   20020409  Introduced, read first time,           26 HLCI
                  referred to Committee


              Versions of This 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 AT-WILL 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:

SECTION    1.    Title 41 of the 1976 Code is amended by adding:

    Section 41-9-10.    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 at-will employment relationship, terminable at the will of either party.

    Section 41-9-20.    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 at-will 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 at-will status of the employment, with a clear and precise explanation of at-will-employment; and

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

SECTION    2.    This act takes effect upon approval by the Governor.

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