Civil Litigation, Family, & Employment Law Firm in Charleston, South Carolina

Law Offices of J. Scott Falls, LLC

53 Broad Street Suite 205 Charleston, South Carolina 29401 USA

 (843) 737-6040
 (843) 737-6140

www.jscottfallslaw.com
 Contact J. Scott Falls

Law Firm Overview

The Law Offices of J. Scott Falls, LLC is an experienced, dedicated law firm located in Charleston, South Carolina. We offer superior legal representation in the areas of Employment Law, Family Law and Civil Litigation.

We get things done promptly and manage our case load in a way that is most favorable to you, the client. We will only take your case if we have the time to fully devote our resources to obtaining an optimal outcome. We understand that the legal process is not always clear to our clients and we make it our priority to ensure that you are fully aware of every step along the way.

We also understand that our economy is facing hard times. By offering our clients an array of payment solutions including monthly and weekly payment plans and the ability to pay by debit or credit card, we try to minimize the financial impact that legal representation has on you and your family.

Practice Areas

Additional Practice Areas: Debt Collection; Mechanics' Liens; Unpaid Wage Claims; Breach of Contract; Unpaid Overtime Claims; Family Medical Leave Act; Severance Agreements; Retaliation; Construction Defects & Faulty Workmanship; Heir's Property & Suits to Quiet Title.

Practice Areas Description

Our practice includes:

- Family Law & Divorce

If your life has been turned upside down by a separation, divorce or child custody dispute, you are at the right place for help. We know how difficult the end of a marriage can be for you and your family, and we can handle all of your legal needs in these emotionally challenging moments. Our goal is to help you resolve the legal issues that arise in your family law matter so you can move on with your new life.

• Divorce

South Carolina is one of the few states in the country that does not allow for a married couple to obtain an immediate divorce in situations where there is no fault on the part of either party. In South Carolina, at least one spouse must have grounds in order to obtain a divorce.

• Child Custody

Child Custody issues often arise in the context of marital litigation and divorce proceedings, but many child custody disputes can be resolved by an agreement between the parents. In determining which parent to award child custody to, the Court considers many factors. The most significant factor that the Court will consider is what is in the best interest of the child. Courts also consider other factors in making a child custody determination, such as the child’s preference, any previous history of domestic violence, the character, fitness, attitude, and inclinations of both parents, any immoral conduct of either parent that would be detrimental to the child, the religion of the parents, and any written agreements between the parents.

The Court may also take into consideration which parent has been the historical primary caretaker of the child. South Carolina has abolished the “Tender Years Doctrine,” which previously created a presumption that smaller children should be placed with their mother, absent unique circumstances. This means that a father can obtain custody of his child, just as the mother could, if it would be in the best interest of the child.

• Child Support

Both mothers and fathers are required by law to support all of their minor children, whether the children were born during a marriage or out of wedlock. Generally, both parents equally share a duty to support their children, although certain circumstances (usually monetary need and the ability to pay) may cast a greater burden on one parent or the other. Child support is governed by the “Child Support Guidelines” created by the South Carolina Department of Social Services. These guidelines set a presumptive amount of child support.

• Spousal Support

Spousal support is money that one spouse is ordered by the Court to pay for the support of the other spouse when they are no longer living together. Essentially, there is no difference between “alimony” and “separate support and maintenance,” other than the fact that separate support and maintenance is the term used for spousal support in actions for separate support and maintenance, whereas alimony is the term used for spousal support in divorce actions.

• Adoption

Adoption creates a legal relationship whereby the child is deemed to be the child of the adoptive parent or parents for any and all purposes, including inheritance purposes. Adoptive parents and children are entitled to all of the legal rights and privileges, and are subject to the same legal obligations, as if the children were biologically born to the adoptive parents.

- Employment Law

Both employees and employers have their respective rights under the law and both should be familiar with their legal rights and responsibilities at all times. It is important for employees to be aware of their employee benefits and legal rights. Likewise, it is in the best interest of employers to understand the legal duties and rights of their employees. You may be an individual who feels that you have been wrongfully terminated from your previous job. You may operate a small business or a company that needs assistance in drafting an employee handbook or that has a question about how to handle a human resources issue. You may need someone to review or negotiate a severance package for you. We can assist you with your employment and labor law needs and questions.

• Wrongful Termination

South Carolina is an “at-will” employment state. Generally, this means that an employer in South Carolina has the right to terminate any employee for any reason, or even for no reason, at all without incurring liability. There are, however, some exceptions to South Carolina’s “at-will” employment doctrine that limit an employer’s right to terminate an employee. If you find yourself wrongfully terminated, we are here to help.

• Defamation

Defamation often occurs at the workplace. Defamation comes in the form of both written (libel) and spoken (slander) statements and can be actionable even where there are no actual or provable damages sustained. A defamatory statement must be published to a third party in order to be actionable and certain privileges apply to render otherwise defamatory statements non-actionable. These privileges particularly tend to apply in the context of defamation in the workplace.

• Unpaid Overtime Claims

Overtime laws are somewhat confusing for the weary and many employees have misconceptions about whether or not they are entitled to overtime. The Fair Labor Standards Act (“FLSA”) is a federal law that governs minimum wage and overtime issues in the United States. Some states have their own version of the FLSA governing overtime and minimum wage and such state-specific laws provide for greater employee protection in most cases than does the FLSA. South Carolina does not have a state law governing overtime pay, so the FLSA is the whole story for South Carolinians when it comes to overtime.

• Unpaid Wage Claims

The SC Payment of Wages Act requires all employers to pay all wages due at the time and place that is designated on the wages and hour statement issued to the employee at the time of hire. The Act does allow for employers to issue payment of wages to employees by way of direct deposit to the employee’s bank account. If an employer fails to pay owed wages to a separated employee within the strict statutory time limits set forth by the Act, then the employee may recover the owed wages by filing a civil action against their previous employer under the Act. The Act also allows for an employee to recover an amount that equals three times the full amount of the unpaid wages, plus costs and reasonable attorney’s fees, if the court or jury determines that the employer withheld the wages owed in the absence of good faith or if no bona fide dispute as to whether or not the wages were owed exists.

• Defamation

Defamation often occurs at the workplace. Defamation comes in the form of both written (libel) and spoken (slander) statements and can be actionable even where there are no actual or provable damages sustained. A defamatory statement must be published to a third party in order to be actionable and certain privileges apply to render otherwise defamatory statements non-actionable. These privileges particularly tend to apply in the context of defamation in the workplace.

• Breach of Contract

While South Carolina is an “at-will” employment state, the presumption of employment “at-will” does not apply where an employment contract exists between the employer and the employee. Where an employee and the employer have a contract setting forth the terms and duration of the employment between the parties, the contract controls the terms of the employment relationship. Where the employee has an employment contract with the employer, the employee is not employed “at-will” as would otherwise be the case and both the employer and the employee must abide by the terms of the contract.

• Family Medical Leave Act

The Family Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. §§2601-2654, makes it unlawful for covered employers to terminate or otherwise discipline an eligible employee for taking up to 12 weeks of unpaid leave (or 26 weeks to care for a covered servicemember with a serious illness or injury incurred in the line of duty on active duty) off from work in any 12-month period to:

(1) care for a newborn child;
(2) care for a seriously ill spouse, parent, or child;
(3) care for the employee’s own personal serious health condition;
(4) care for a covered servicemember with a serious illness or injury incurred in the line of duty on active duty; or
(5) use for “any qualifying exigency” arising out of the fact that a covered military family member is on active duty or called to active duty status in support of a contingency operation.

• Severance Agreements

Severance agreements are often used between employees and employers when an employee is being laid off during a reduction in force by the employer. Employers can benefit from severance agreements by limiting their liability and by limiting potential future lawsuits from employees. Employees can benefit from severance agreements by receiving a lump sum payment to help tie them over until they are able to find subsequent employment.

• Sexual Harassment

Sexual harassment is considered an illegal form of gender discrimination under Title VII, as well as under some state-specific anti-discrimination laws. While sexual harassment can involve actual requests or bribes by supervisors to employees for sexual favors (which is referred to as quid pro quo harassment), it more often involves conduct by a supervisor, co-worker or non-employee that creates a hostile, offensive or intimidating work environment because of the employee’s gender.

• Discrimination

Federal and state law prohibits employers from discriminating against employees or prospective employees on the basis of one’s membership in a protected class or involvement in protected activity. There are many federal laws that protect the rights of employees and they serve as exceptions to the doctrine of “at-will” employment. While the general rule for employment in South Carolina is that an employer can fire an employee at any time and for any reason, whether good or bad, or even for no reason at all, federal law prohibits employers from firing employees for discriminatory reasons or retaliatory reasons.

• Retaliation

Title VII and most state’s statutes prohibit retaliation against any person who opposes or complains about sexual harassment or sex discrimination, or any other violation of Title VII or the ADA, in the workplace. This prohibition against retaliation also applies to individuals who participate in an investigation into unlawful employment conductor practices.

Title VII specifically prohibits employers from discriminating against any employee or any applicant who “opposed … an unlawful employment practice” or “made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this subchapter.” 42 U.S.C. §2000d-3(a). The first section of Title VII cited above is often referred to as the “opposition clause.” The second section of Title VII cited above is known as the “participation clause.”

- Civil Litigation

Civil Litigation is a means for resolving disputes. We can assist you with your civil litigation matters and questions and provide advice on handling these issues. We strive to obtain the most cost-efficient and practical means of resolution to your matter. While most cases today are resolved prior to trial, we realize that each case must be considered on an individual basis and prepared and pursued in anticipation of trial. Litigation can be a lengthy and confusing process for clients, but we aim to provide dedicated and insightful representation to clients along the way. We are available to discuss your civil litigation needs and questions.

• Auto Accidents

If you have been injured or have lost a loved one in a car accident and are looking for a lawyer in the Charleston, SC area who will represent your interests, contact us. We are happy to visit you in your home or at the hospital to discuss your case. We realize that injuries from accidents can make it difficult for you to come into the office for a consultation. Our firm is driven by a strong focus our clients - we thoroughly explore the facts relating to your car accident and are often able to uncover significant information regarding the conditions that led to the accident.

• Debt Collection

If you have a promissory note or personal guarantee that is delinquent, then we can help you enforce it. We are capable of initiating suits on account and suits to enforce promissory notes, personal loans, and other forms of owed debt. We can also assist you with mechanics’ liens for debts owed for labor or materials provided.

• Estate Planning

The vast majority of Americans today do not have a will in place. Wills and Trusts, however, provide means to ensure that your wealth and property are properly transferred to the next generation. Other legal instruments, such as powers of attorney, health care directives, or "living wills" can allow you to make decisions for your medical care in advance to protect in the event that you may be incapacitated at a later point in time and unable to make such decisions. By creating a will, you can clearly identify your wishes for the distribution of your assets. You can also set forth how you wish for your estate to be handled. If you wish for a particular child or other individual to have some particular piece of personal property, such as a family heirloom, you can indicate this desire in your will.

• Business Formation

You may be considering starting your own business and have questions about incorporation or which corporate entity would best suit your needs. You may be an individual who would like to form a Limited Liability Company (LLC) to protect your personal liability or you may be considering forming a legal partnership with a business acquaintance. You may be a small business in need of assistance with your annual report or considering a merger or change of form of legal business entity. We can help you with your business law questions and needs, including incorporation, LLC formation, LLP & other partnership formations, operating agreements, and annual reports.

• Mechanic's Liens

Mechanics' liens are powerful statutory devices that enable contractors, subcontractors, and those making repairs, improvements, or additions to another person's property to be properly compensated for their work. Mechanics' liens must be filed and processed properly pursuant to the South Carolina Code of Laws. If you intend to file a mechanics' lien, then you must strictly adhere to the appropriate timing requirements as set forth under the South Carolina Code of Laws.

Attorneys

Mr. J. Scott Falls Attorney Civil Litigation, Employment, Estate Planning, Family Law

More Information on Law Offices of J. Scott Falls, LLC

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Contact Law Offices of J. Scott Falls, LLC