employment test (South Carolina) · Go Syfert
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employment test in South Carolina

6 South Carolina opinions name it 2 courts 1991–2025 2 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Shatto v. McLeod Regional Medical Centergreen
sc · 2013 · cited in 2 South Carolina opinions naming this issue, 2017–2025
2 sentences

2025Another prong of the employment test is "the right to direct the person by whom the services are to be performed, the time, place, degree, [or] amount of said services." Id. at 477, 753 S.E.2d at 420 .

2017Id.

12
Wilkinson v. Palmetto State Transportation Co.green
sc · 2009 · cited in 2 South Carolina opinions naming this issue, 2017–2021
2 sentences

2017That its order references additional facts not conclusive as to employment status does not alter our determination that the Commission thoroughly analyzed the relevant facts and evaluated the employment test *740 factors in an "evenhanded manner." See Wilkinson , 382 S.C. at 300 , 676 S.E.2d at 702 ; see id. at 307 , 676 S.E.2d at 706 ("Consistent with pre- Dawkins ' case law, the common law factors-right or exercise of control, method of payment, furnishing of equipment and right to fire-should be evaluated in an evenhanded manner in determining whether the questioned relationship is one of e

2017That its order references additional facts not conclusive as to employment status does not alter our determination that the Commission thoroughly analyzed the relevant facts and evaluated the employment test *740 factors in an "evenhanded manner." See Wilkinson , 382 S.C. at 300 , 676 S.E.2d at 702 ; see id. at 307 , 676 S.E.2d at 706 ("Consistent with pre- Dawkins ' case law, the common law factors-right or exercise of control, method of payment, furnishing of equipment and right to fire-should be evaluated in an evenhanded manner in determining whether the questioned relationship is one of e

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Mears v. Mears red
scctapp · 1991
2 sentences

1993To the extent that Mears v. Mears, 305 S.C. 150 , 406 S.E. (2d) 376 (Ct. App. 1991) is inconsistent with this opinion, it is OVERRULED. 2 Harwell, C.J., and Chandler, Finney and Moore, JJ., concur. 1 Wife does not appeal the award of a portion of her settlement to Husband. 2 In Mears , the family court found an employment claim unliquidated at the time of the divorce was not marital property.

1993To the extent that Mears v. Mears, 305 S.C. 150 , 406 S.E. (2d) 376 (Ct. App. 1991) is inconsistent with this opinion, it is OVERRULED. 2 Harwell, C.J., and Chandler, Finney and Moore, JJ., concur. 1 Wife does not appeal the award of a portion of her settlement to Husband. 2 In Mears , the family court found an employment claim unliquidated at the time of the divorce was not marital property.

11993–1993
Ludwick v. This Minute of Carolina, Inc. green
sc · 1985
1 sentence

1992Under the public policy exception, an employee has a cause of action in tort for wrongful discharge where there is a “retaliatory discharge of the at-will employee in violation of a clear mandate of public policy.” Id. at 219 , 337 S.E. (2d) at 216 .

11992–1992
Small v. Springs Industries, Inc. green
sc · 1987
2 sentences

1991Small v. Springs Industries, Inc., 292 S.C. 481 , 357 S.E. (2d) 452 (1987) (,Small I).

1991Small v. Springs Industries, Inc., 292 S.C. 481 , 357 S.E. (2d) 452 (1987) (,Small I).

11991–1991

Where else courts name it

IN 61 (1913–2025) TX 53 (1967–2024) OH 50 (1932–2026) MS 32 (1992–2024) CA 29 (1919–2026) VA 25 (1928–2019) TN 21 (1916–2020) NY 20 (1950–2025) WA 20 (1967–2024) CT 18 (1984–2004) NC 16 (1988–2014) MO 16 (1909–2016) IA 13 (1983–2024) LA 11 (1969–2023) MD 10 (1940–2017) OK 10 (1944–2014) PA 10 (1940–2022) WI 10 (1986–2017) IL 9 (1980–2024) MA 8 (1960–2010) MN 8 (1902–2003) FL 8 (1969–2026) MI 7 (1971–2009) NM 7 (1934–2026) NJ 6 (1938–2017) AR 6 (1946–2005) SC 6 (1991–2025) AL 6 (1982–2004) ID 5 (1984–2012) CO 4 (1986–2019) WY 4 (1994–2012) OR 4 (1925–2021) UT 4 (1944–2016) SD 3 (1989–2001) KY 3 (1907–2011) DC 3 (1977–1997) NV 2 (2017–2017) GA 2 (1947–1985) NE 2 (1997–2003) VT 2 (1957–2025) ME 2 (2014–2023) KS 2 (2000–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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