S.C. Court of Appeals issues Wage Payment and Employment Law Decision

A promise is not necessarily a contract---even in the employment context, if it is subject to exception and is not in writing. In Davis v. Greenwood School District 50, a decision issued by the South Carolina Supreme Court on September 19, the Court affirmed summary judgment in favor of the District on the plaintiff's causes of action for breach of contract, promissory estoppel, breach of fiduciary duty, and the South Carolina Payment of Wages Act. The plaintiffs' claims arose out of a superintendent's promise to give teachers who completed national board certification a 10% pay increase, subject to approval by the School Board. Due to a budget shortfall, the School Board did not approve the increase. The Court determined that the plaintiffs, teachers who had obtained national board certification following the superintendent's announcement, were not entitled to any relief since the promise had been issued with a clear caveat. The Court further stated that even if an agreement had existed among the parties, it would be void under the Statute of Frauds because it was not in writing.

(Contributed by Sandi Wilson)