CDV and Unemployment Benefits

South Carolina law gives special status to those who allege being victims of domestic abuse in many contexts. This even extends to those applying for unemployment benefits.

S.C. Code § 41-35-125 is entitled "Benefits for individuals unemployed as a result of domestic abuse." It provides for benefit if someone left their job voluntarily as a result of domestic violence. Eligible circumstances include a catch-all provision allowing those who have voluntarily left work to receive benefits if they believe such is "reasonably necessary." Depending on how this section would be interpreted by Employment Security Commission or the Court, it could be found to apply to both the one accused of domestic violence as well as the alleged victim.

We see many circumstances where someone makes a false or unfair report of domestic violence in order to gain an advantage in custody or divorce family court case. The law giving special status to those claiming to be victims provides an additional incentive for someone to make a domestic abuse claim, but they can now drag their employer into their situation.

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