Cromer Babb & Porter is proud to celebrate a significant victory for workers’ rights. Attorney Paul Porter recently argued before the South Carolina Supreme Court in Lampo v. Amedisys, securing a 3-2 decision in favor of employee rights. The ruling sets a crucial precedent: an employee’s silence and failure to opt out of an arbitration agreement does not constitute acceptance of contract modifications.

Key Takeaways from the Decision:

✔ Protecting Workers from Forced Arbitration – The Court rejected the idea that an employer can impose contract changes simply because an employee did not opt out. This decision prevents companies from unilaterally altering employment terms without clear consent.

✔ No Presumption in Favor of Arbitration – The Court reiterated that South Carolina does not favor arbitration over other legal remedies, reinforcing prior case law rejecting the misconception of a “policy favoring arbitration.”

✔ Upholding Fundamental Contract Principles – The ruling emphasized that longstanding contract law should not be circumvented by creative legal tactics. If silence equals acceptance, then employers could theoretically reduce salaries or alter benefits without an employee’s express agreement—an outcome the Court firmly rejected.

This case underscores the importance of protecting employees from unfair contractual obligations and reinforces the fundamental principle that a valid contract requires mutual consent—not just an employer’s assumption of agreement. Paul’s success in this case is a testament to his dedication to fighting for fairness in the workplace, ensuring South Carolina employees’ rights remain protected.

Standing Up for Workers Across the Carolinas

At Cromer Babb & Porter, we advocate for employees facing workplace injustices, from wrongful termination to employer overreach in contract disputes. If you have concerns about your rights in the workplace, we’re here to help.