Charleston employment attorney breaks down SC's student loans law after deputy's firing - Live 5 News WCSC
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 have been garnished to pay off the debt.
“That, certainly, they could have had the lender, had the lender, sought that and sought a wage garnishment,” Mullaney said. “That is legal in this state for student loans.”
Earlier this week, President Biden extended the pause on student loan payments, collections and interest through the end of August.
The U.S. Department of Education says “the extension will provide additional time for borrowers to plan for the resumption of payments, reducing the risk of delinquency and defaults after the restart.”
Dorchester County says Sheriff L.C. Knight has not needed to terminate an employee because of their student loans.
No word yet from City of Charleston Police if any officers or employees have been fired due to this law.
Representatives from the United Black Men of Charleston County called for the reinstatement of Joyce Smith at the Al Cannon Detention Center in North Charleston on Friday.
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source: https://www.live5news.com/2022/04/08/charleston-employment-attorney-breaks-down-scs-student-loans-law-after-deputys-firing/
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