Grimsley v. SLED

Respondents were former South Carolina Law Enforcement Division (SLED) agents who retired and were rehired by then SLED Chief Robert Stewart for a period of four years pursuant to a rehire program formulated by Chief Stewart. At the conclusion of Respondents' service under the rehire program, they filed suit against SLED and the State under various theories, all premised on the allegation that SLED deducted from their salaries the amount of the employer's contribution to the retirement system. The State was granted dismissal of the Complaint pursuant to Rule 12(b)(6), SCRCP. On appeal, taking the allegations of the Complaint as true, the Supreme Court reversed and remanded. On remand and following discovery, the trial court granted SLED summary judgment, which the court of appeals reversed. Having carefully reviewed the record, the Supreme Court found the trial court properly granted summary judgment to SLED, because the record made clear that Respondents were rehired at reduced salaries and the employer contributions to the retirement system were not deducted from those salaries, but were paid by SLED. As a result, the Court reversed the court of appeals and directed that judgment be entered for SLED. View "Grimsley v. SLED" on Justia Law