Best Employer Lawyers in Charleston

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Theos Law Firm
Charleston, United States

9 people in their team
English
Theos Law Firm, LLC is a Charleston, South Carolina based practice specializing in Personal Injury, Criminal Defense, Family Law and General Civil Litigation. With over sixty years of combined experience, the firm provides aggressive yet principled advocacy for clients across the state and...
AS SEEN ON

About Employer Law in Charleston, United States

Employer law in Charleston covers hiring, wages, workplace safety, discrimination, leaves, and termination practices. The city’s diverse industries include hospitality, port logistics, healthcare, and tourism, all of which interact with complex federal and state rules. Local counsel can help navigate complaints, settlements, and court filings in Charleston County and beyond.

Workplace compliance involves federal protections administered by agencies such as the Equal Employment Opportunity Commission and the Department of Labor, plus South Carolina state laws and local ordinances. A Charleston attorney can tailor guidance to your industry, whether you are an employer seeking compliance or an employee asserting rights. Understanding both state and federal frameworks helps avoid costly disputes.

Key takeaway: Employment law in Charleston blends federal protections with South Carolina statutes and local realities, so local counsel with district familiarity often yields better outcomes.

Why You May Need a Lawyer

  • Wrongful termination or retaliation in a Charleston workplace - If you believe you were fired for reporting safety concerns or exercising protected rights, a lawyer can evaluate evidence and pursue mediation or litigation.
  • Wage and hour disputes in Charleston's hospitality or port sectors - Issues such as overtime, tip distribution, and final paychecks frequently arise in hotels, restaurants, and cargo operations along the coast.
  • Discrimination or harassment claims in a Charleston firm - Claims based on race, sex, religion, or national origin must be evaluated under Title VII and related laws with proper internal investigations.
  • Leave of absence and reasonable accommodations under FMLA and state law - Employees may seek unpaid leave or accommodations for family care, disability, or medical needs.
  • Noncompete and trade secrets for Charleston employees - Restrictive covenants and confidential information protections affect employment transitions and business interests.

Local Laws Overview

This section highlights 2-4 laws with names and context. For each law, you can verify text and updates through official sources linked below.

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin across all states and municipalities, including Charleston. It covers hiring, compensation, terms, and conditions of employment.

Discrimination based on race, color, religion, sex, or national origin is prohibited by Title VII of the Civil Rights Act.

Source: EEOC - Title VII

Americans with Disabilities Act (ADA) and Amendments

The ADA prohibits discrimination against qualified individuals with disabilities and requires reasonable accommodations in the workplace. The ADA Amendments Act broadens the scope of covered conditions.

Employers must provide reasonable accommodations unless it causes undue hardship, under the Americans with Disabilities Act.

Source: EEOC - ADA

South Carolina Payment of Wages Act

South Carolina law governs timely payment of wages, final paychecks, and wage records for employees working in Charleston. The act is codified to protect workers and outline employer obligations for compensation.

Source: SC Code Annotated Title 41, Chapter 10

Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for family and medical reasons. It applies to many Charleston employers with at least 50 employees within a 75-mile radius.

The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period.

Source: DOL - FMLA

Frequently Asked Questions

What is the difference between an employee and an independent contractor?

Employers determine status by control over work, financial arrangement, and the worker’s opportunity for profit or loss. Misclassification can trigger back wages, penalties, and federal enforcement actions.

How do I report workplace discrimination in Charleston?

You can file a complaint with the EEOC or South Carolina Human Affairs Commission depending on the claim type. A lawyer can help gather evidence and guide you through the investigation process.

When should I contact a Charleston employment lawyer about a wage dispute?

Consult promptly if you suspect unpaid overtime, off the clock work, or tip misappropriation. Early legal advice helps preserve records and strengthen recovery options.

Where can I find state and federal wage and hour guidance for Charleston employers?

Use the Department of Labor Wage and Hour Division and the EEOC for authoritative guidance. They provide summaries, enforcement actions, and complaint procedures.

Why might I need counsel for a harassment claim at work?

A lawyer helps you document incidents, preserve communications, and evaluate remedies such as settlements, mediation, or court action. Legal guidance reduces risk of retaliation or missteps.

Do I need a lawyer to handle a noncompete issue in Charleston?

Yes, because enforceability depends on scope, duration, and consideration. A lawyer can review the covenant, advise on reasonable protections, and negotiate amendments if needed.

How long does it take to resolve a FMLA dispute?

Resolution times vary widely. Administrative investigations can take several weeks, while litigation may span months to years depending on complexity and court availability.

Can I settle a workplace dispute without going to court in Charleston?

Many disputes resolve through mediation or arbitration. A lawyer can negotiate a settlement that preserves your rights and minimizes future risk.

Is there free or low-cost legal help for employment issues in Charleston?

Yes, some non-profits and legal aid organizations offer low-cost consultations. A local bar association referral service can connect you with affordable options.

How do I file a complaint with EEOC from Charleston?

You can file online through the EEOC portal or via mail. An attorney can help prepare supporting documentation before submission.

What should I do if my final paycheck is late in Charleston?

Document the date of termination and missing wages, then contact your employer in writing and consider a wage claim with state authorities or a private attorney.

Additional Resources

  • U.S. Equal Employment Opportunity Commission (EEOC) - Enforces federal anti-discrimination laws; guidance and complaint processes. https://www.eeoc.gov
  • U.S. Department of Labor (DOL) Wage and Hour Division - Provides information on minimum wage, overtime, and family leave; handles wage disputes. https://www.dol.gov/agencies/whd
  • South Carolina Department of Employment and Workforce (DEW) - Manages unemployment benefits, job services, and workforce programs in the state. https://dew.sc.gov

Next Steps

  1. Clarify your objective and the type of claim or defense you need help with (wage claims, discrimination, contract disputes, etc.).
  2. Gather documents relevant to your issue (pay stubs, contracts, emails, performance reviews, notices).
  3. Search for Charleston employment lawyers with demonstrated experience in your issue area (bar referrals, firm bios, prior case outcomes).
  4. Schedule initial consultations to compare strategy, timelines, and cost structures (flat fee, hourly, or contingency).
  5. Prepare questions for the attorney about timelines, likely remedies, and potential settlements.
  6. Decide on representation, sign a retainer agreement, and establish a communication plan with your lawyer.
  7. Confirm the expected timeline for filings, negotiations, and possible court dates, and adjust plans as needed.

Lawzana helps you find the best lawyers and law firms in Charleston through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Employer, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Charleston, United States — quickly, securely, and without unnecessary hassle.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.