Toth v. Square D Company

Pursuant to Supreme Court Rule 46, we agreed to answer the following question certified by order of the Honorable Karen LeCraft Henderson, United States District Court for the District of South Carolina:

Is the holding in Small v. Springs Industries, Inc., 292 S. C. 481, 357 S. E. (2d) 452 (1987), to be given retroactive effect so as to permit a plaintiff whose employment was terminated before June 8, 1987,1 the date the Small opinion was filed, to bring an action for breach of contract based on the provisions of an employee handbook?

*8FACTUAL BACKGROUND

Plaintiffs are employees “laid off” by…