South Carolina whistleblowers who are employed by a South Carolina state government agency are protected from adverse employment actions when they timely report violations of state or federal laws or regulations or other wrongdoing. South Carolina attorneys, lawyers and law firms who represent SC state government whistleblowers should be aware of the protections afforded to these employees who are fired, demoted, suspended or otherwise subjected to an adverse action in reaction to a report of fraud or other wrongdoing by a public agency or one of its officers or employees. South Carolina whistleblower attorneys, lawyers and law firms should also be aware of the administrative requirements necessary to invoke the protections of the state’s anti-retaliation statute, as well as the relief provisions afforded to such SC whistleblowers. There are also some whistleblower protections for government and private employees who report violations of South Carolina’s occupational safety and health statutes, rules or regulations.

South Carolina’s Whistleblower Protection Act for State Government Employees

South Carolina’s General Assembly enacted legislation called the “Employment Protection for Reports of Violations of State or Federal Law or Regulation” (the “Act”) to protect South Carolina state employees from retaliation or disciplinary actions when they report violations of state or federal laws or regulations or other wrongdoing including fraud and abuse. See South Carolina Code § 8-27-10, et seq. The Act prohibits a South Carolina public body from decreasing the compensation of, or dismissing, suspending or demoting, a state employee based on the employee’s filing of a protected report of wrongdoing with an appropriate authority. S.C. Code § 8-27-20(A). The protected report must be made by the SC whistleblower in good faith and not be a mere technical violation. Id. The Act does not apply to private, non-government employers or employees. S.C. Code § 8-27-50.

A public body under the Act means one of the following South Carolina entities: (A) a department of the State; (B) a state board, commission, committee, agency, or authority; (C) a public or governmental body or political subdivision of the State, including counties, municipalities, school districts, or special purpose or public service districts; (D) an organization, corporation, or agency supported in whole or in part by public funds or expending public funds; or, (E) a quasi-governmental body of the State and its political subdivisions. S.C. Code § 8-27-10(1).

A South Carolina employee under the Act is an employee of any South Carolina public body entity, generally excluding those state executives whose appointment or employment is subject to Senate confirmation. S.C. Code § 8-27-10(2).

An appropriate authority under the Act means either (A) the public body that employs the whistleblower making the protected report, or (B) a federal, state, or local governmental body, agency, or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or wrongdoing, including but not limited to, the South Carolina Law Enforcement Division (“SLED”), a County Solicitor’s Office, the State Ethics Commission, the State Auditor, the Legislative Audit Council (the “LAC”), and the Office of Attorney General (the “SCAG”). S.C. Code § 8-27-10(3). When a protected report is made to an entity other than the public body employing the whistleblower making the report, the Act requires that the employing public body be notified as soon as practicable by the entity that received the report. Id.

A SC whistleblower employee’s protected report under the Act is a written document alleging waste or wrongdoing which is made within sixty (60) days of the date the reporting employee first learns of the alleged wrongdoing, and which includes (a) the date of disclosure; (b) the name of the employee making the report; and, (c) the nature of the wrongdoing and the date or range of dates on which the wrongdoing allegedly occurred. S.C. Code § 8-27-10(4).

Pursuant to the Act, a reportable wrongdoing is any action by a public body which results in substantial abuse, misuse, destruction, or loss of substantial public funds or public resources, including allegations that a public employee has intentionally violated federal or state statutory law or regulations or other political subdivision ordinances or regulations or a code of ethics, S.C. Code § 8-27-10(5). A violation which is merely technical or of a de minimus nature is not a “wrongdoing” under the Act. Id.

Rewards for SC Whistleblowers

When a SC state employee blows the whistle on fraudulent or abusive acts or violations of federal, state or local laws, rules or regulations, and the protected report results in savings of public funds for the state of South Carolina, the whistleblower is entitled to a reward or bounty under the Act. However, the reward is extremely limited. The provisions of the Act provide that a SC whistleblower is entitled to the lesser of Two Thousand Dollars ($2,000) or twenty-five percent (25%) of the estimated money saved by the state in the first year of the whistleblowing employee’s report. The South Carolina State Budget and Control Board determines the amount of the monetary reward that is to be paid to the employee who is eligible for the reward as a result of filing a protected report. See S.C. Code § 8-27-20(B). This reward is very meager when compared to the bounty provisions of the federal False Claims Act, 31 U.S.C. §§ 3729-3732 (the “FCA”). The FCA allows a qui tam whistleblower or relator to receive up to 30% of the total amount of the government’s recovery against defendants who have made false and fraudulent claims for payment to the United States. Some recent federal FCA recoveries by the U.S. Department of Justice have exceeded $1 Billion Dollars.

However, the Act does not supersede the State Employee Suggestion Program, and if a whistleblower employee’s agency participates in the State Employee Suggestion Program, then items identified as involving “wrongdoing” must be referred as a suggestion to the program by the employee. A South Carolina government employee is entitled to only one reward either under the Act or under the State Employee Suggestion Program, at the employee’s option. Id.

There are several things you must remember when you are entering into an asbestos mesothelioma lawsuit, but the most important of these is to get a good attorney / lawyer to help you. The right attorney / lawyer for an asbestos mesothelioma lawsuit has two qualities which can help you a lot:

Knowledge – This is the main reason why people hire lawyers. When you get an attorney/lawyer for an asbestos mesothelioma lawsuit, it is because of the fact that you do not have the expertise needed to handle the lawsuit on your own. An attorney/lawyer for an asbestos mesothelioma lawsuit will be familiar with the law in order to best help you win your case. Not many people realize the fact that different lawyers have different specializations. You need to make sure that the attorney/lawyer for an asbestos mesothelioma lawsuit you get actually specializes in that sort of law. Knowledge will help the attorney/lawyer for an asbestos mesothelioma lawsuit in planning a strategy to get you the justice that you need.

Experience – How much experience the attorney/lawyer for an asbestos mesothelioma lawsuit has in handling cases like yours determines just how effective he or she can be in the actual litigation. This is because experience will actually help determine a person’s ability to cope with the things going on around him or her. In other words, a person with more experience in handling asbestos cases have a higher chance of being able to make the right decisions in a similar case. If you want to hire a attorney/lawyer for an asbestos mesothelioma lawsuit, then know that a lot of lawyers make use of what you would call gut instinct in order to win a case. This gut instinct helps a lawyer recognize the various pitfalls that can be set by an opponent during the course of a lawsuit. This gut instinct, however, needs experience in order to be properly sharpened. Given enough experience, any attorney/lawyer for an asbestos mesothelioma lawsuit will be able to win any cases that he or she handles.

A lot of attorneys today are on the lookout for a client to represent so that they can grab a share of the asbestos-litigation pie. This means that looking for an attorney/lawyer for an asbestos mesothelioma lawsuit should be quite easy. Here are some sources you can make use of:

The television – Because of the mass-tort nature of asbestos litigation, most attorney/lawyer for an asbestos mesothelioma lawsuits today attempt to gather clients using any sort of ad media they can use. If you watch the television often, you might encounter a scrolling announcement asking for people who have experienced different symptoms and who have been exposed to asbestos to contact a certain number immediately. Since the television is the most widely-used type of media today, it has a high success rate in terms of attracting new clients. This means that you may be able to learn how to get in touch with an attorney/lawyer for an asbestos mesothelioma lawsuit through watching the television.

The internet – this remains to be one of the best sources of information today. The internet is able to provide people with the information that they need right at their fingertips and at a speed which will astonish even the Flash. You can use the internet to look for the attorney/lawyer for an asbestos mesothelioma lawsuit that you need. Also, you can immediately contact that person through the internet without the need to change into another medium of communication.

Getting an attorney /l awyer for an asbestos mesothelioma lawsuit through the internet does have its risks, though. For one thing, you aren’t really sure about the various claims made by different firms advertising over the internet.

Yellow Pages – If you want to get in touch with any attorney/lawyer for an asbestos mesothelioma lawsuit without first having the privilege of previewing their services, then the phone book is what you need. Some people believe that the phone book is an old and therefore obsolete device better left in the past decade, but it actually pretty much still delivers the information that you need whenever and wherever you need it.

There are, of course, other sources which you can use to gather information needed to contact the attorney/lawyer for an asbestos mesothelioma lawsuit you need. However those mentioned above continue to be the most effective methods of all.