CHARLESTON, S.C. (WCSC) - A Charleston-based employment attorney says it’s uncommon for the state’s law regarding student loans to lead to the firing of Charleston County Chief Deputy Joyce Smith last week.
“I don’t believe it’s very common because this is the first I’ve heard of this situation,” employment attorney Marybeth Mullaney, who has been practicing for 15 years, said. “Thankfully, I haven’t had anyone call me who has lost a job or been terminated for this reason.”
Both the Dorchester County Sheriff’s Office and the City of Charleston Police Department said they refer to the state statute regarding student loans as part of their policy.
That statute, which was enacted in 1980, says that no person can be employed by the state if they willfully default on a federal, medical or law enforcement student loans.
“Willfully means that you knew about it, and you didn’t do anything,” Mullaney said. “You knowingly violated the law.”
However, if the employee and a lender reach an agreement on a plan to pay it off, then the employee can keep their job, according to state law.
“An employer is totally within their rights to hire or not hire someone because if they’ve defaulted or because they have bad credit as long as they do it uniformly and not in a discriminatory manner,” Mullaney said.
In South Carolina, the attorney adds, wages cannot be garnished for credit card payments and medical bills.
They can, however, be taken away for student loans, meaning Smith’s wages could...
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