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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-110. It is the public policy of this State that:
(1) The employment-at-will doctrine applies to the contractual relationship between an employee and an employer.
(2) The employment-at-will doctrine specifically allows an employee or an employer to terminate the employment relationship with or without notice to the other and with or without cause, except as provided in item (5). If an employee or an employer terminates an employment relationship under the employment-at-will doctrine, then neither party will be liable to the other for any claim based on breach of contract, breach of the implied covenant of good faith and fair dealing, or any other claim in which an express or implied contract is alleged.
(3) No handbook, policy, procedure, or other document issued by an employer or its agent may form an express or implied contract of employment, except as described in item (5).
(4) No verbal communication or statement by an employer through its agent may form an express or implied contract of employment.
(5) An employee and an employer may enter into a contract of employment to which item (2) does not apply if:
(a) the contract is in writing;
(b) the contract is signed by the employee and an authorized agent of the employer; and
(c) the contract specifies a definite term of employment.
(6) Nothing in this section shall be construed to affect the rights of public employees under the Constitution of South Carolina and state and local laws of this State or the rights of employees and employers as defined by a collective bargaining agreement."
SECTION 2. This act takes effect upon approval by the Governor.
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