Is there a case if the Town Clerk is terminated without notice at a town council meeting?

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Is there a case if the Town Clerk is terminated without notice at a town council meeting?

My sister served as Town Clerk for 18 years. She wanted some part-time but only since she had a heart attack 3 years ago. The town hired a part-time employee to help her. This female employee has been constantly taking over her duties and given most of her duties. She was told that the town doesn’t have the money to keep her position, yet the other person is now full-time. My sister has been left with no affordable health coverage. She was treated with no regard as if she did something wrong.

Asked on March 27, 2019 under Employment Labor Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless your sister's dismissal violated the terms of an employment contract or union agreement, she has no claim here. The fact s that most work relationships are "at will". This means that an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination, for example such as age). Basically, it can hire and fire as it deems neceassary.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless your sister's dismissal violated the terms of an employment contract or union agreement, she has no claim here. The fact s that most work relationships are "at will". This means that an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination, for example such as age). Basically, it can hire and fire as it deems neceassary.


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