A Right is a Limitation on a Power

What are the exceptions to the At Will Rule?

If you think of the At Will Rule as the employer’s power to fire for no reason, then you are at the right starting point. Now you have to see if there is a job right someplace in the law that will restrict or limit that power to fire you.

If you are fired unfairly, you are not protected unless your firing is also illegal. It has to be against the law. Labor laws can be tricky because they have rules that apply in some but not all situations and to some but not all employees.

Some of the exceptions are going to be discussed next, not in any particular order.

It is very important to know the source of each exception to the At Will Rule. Some exceptions are in state law (not many) and some are in federal law. State laws are passed by the South Carolina General Assembly. The reason there are few of these is that most state legislators see themselves as supporters of business interests and believe that providing rights to workers restricts the operation of South Carolina businesses.