SECTION 41-1-110. Conspicuous disclaimer of contract of employment created by handbook,
personnel manual or other document issued by employer.
It is the public policy of this State that a handbook, personnel manual, policy, procedure, or other
document issued by an employer or its agent after June 30, 2004, shall not create an express or
implied contract of employment if it is conspicuously disclaimed. For purposes of this section, a
disclaimer in a handbook or personnel manual must be in underlined capital letters on the first
page of the document and signed by the employee. For all other documents referenced in this
section, the disclaimer must be in underlined capital letters on the first page of the document.
Whether or not a disclaimer is conspicuous is a question of law.
This statute is important because unless there is an employment contract or a specific statutory
protection, all employment in South Carolina is employment-at-will. Employment-at-will simply
means that the employer may terminate the employment or the employee may leave the
employment at any time for any reason (or for no reason). It is also up to each employer to
decide if its employees may view their own personnel file. However, there are laws that protect
employees from termination, demotion, or other discrimination in certain circumstances. Below
is a partial list.
The most common protected categories are those that protect an employee’s civil rights based on
age, race, sex, religion, national origin, color, disability, or pregnancy. For questions or
information on these protected categories, you may contact the South Carolina Human Affairs
Commission in Columbia at http://www.state.sc.us/schac/ or (800) 521-0725 toll free or locally at
(803) 737-7800. You may also contact the Federal Equal Employment Opportunity Commission
(EEOC) at (800) 669-4000 toll free and be connected to your local EEOC office. Military Leave
violations are covered under the Uniform Se