Can I sue my employer for unpaid wages in South Carolina?

Sponsored Answer
Christy Ford Allen - Business Litigation - Super Lawyers

Answered by: Christy Ford Allen

Wills Massalon & Allen LLC
Charleston, SC
Phone: 843-727-1144
Fax: 843-727-7696

View Profile

In short, yes, you can sue for any earned wages that your employer has not yet paid you. South Carolina state law prohibits employers from withholding or diverting any portion of your wages without first notifying you, unless it is required or allowed by state or federal law. Some withholdings may be necessary for tax purposes, or may be a term of your employment contract.

If you think that you may have been denied a portion of your wages, first determine if this has been done so wrongfully. State law requiring the full payment of wages does not cover independent contractors, and does not apply to some employment terms. Vacation time, paid sick leave and holiday pay are aspects not determined by state law, but solely by the employer. Refer to your employment contract to see what payments you are entitled to.

If you have separated from your employer, you are still entitled to all wages earned to date. Your employer is required to pay you within 48 hours of your separation, or by the next pay period, which cannot exceed 30 days. If applicable, you may take legal action within three years of the incident and can receive up to three times the disputed wages, in addition to coverage of your legal costs and attorney's fees by the employer.

If you think that you may have a legal claim against an employer for unpaid wages, consult with a lawyer in your jurisdiction.

LEGAL DISCLAIMER: This site is designed for general information only and is not a solicitation for legal representation. This disclaimer is intended to inform the public that I am not calling, advertising, or promoting myself as an "expert" under any rules of professional conduct. The title "Super Lawyers" is solely controlled by SuperLawyers and is not my representation.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Christy Ford Allen

Business Litigation

Can I sue my business partner in South Carolina?

In South Carolina as in most states, there are many different types of business arrangements. Understanding what kind of business relationship …

Sponsored answer by Christy Ford Allen

Other Answers About Wage & Hour Laws

Wage & Hour Laws

Which Employees In New York Are Entitled To Overtime Pay?

Many employees in New York are eligible for overtime pay if they work more than 40 hours per week. Unless an employee has a job that is specifically …

Sponsored answer by Kenneth J. Katz

Wage & Hour Laws

Can I Get Paid Overtime In New Jersey Even If Salaried?

Many salaried employees in New Jersey must still receive overtime pay despite being compensated on a salary basis. Your eligibility for overtime pay …

Sponsored answer by Kenneth J. Katz

Wage & Hour Laws

California: What is Wage Theft?

In California, wage theft can arise from a variety of circumstances, including failing to pay employees the state mandated minimum wage; failing to …

Sponsored answer by Stanley D. Saltzman


If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 0.79784488677979 sec