Hyde v. South Carolina Department of Mental Health

Moore, Justice:

Respondent Hyde commenced this action seeking damages under the Whistleblower Statute, S.C. Code Ann. § 8-27-30 (Supp. 1992). Appellant (Department) answered and raised as a defense Hyde’s failure to exhaust the administrative remedies available under the State Employees Grievance Procedure Act, S.C. Code Ann. §§ 8-17-310 through -380 (1986 and Supp. 1992). The trial judge granted Hyde’s motion to strike this defense. We reverse.

ISSUE

Did the trial judge err in striking Department’s defense?

DISCUSSION

Whether administrative remedies must be exhausted is a matter within the trial…