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HYDE v. S.C. DEPT. OF MENTAL HEALTH

No. 24040.

442 S.E.2d 582 (1994)

Alexander P. HYDE, Respondent, v. SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH, Appellant.

Supreme Court of South Carolina.

Decided March 18, 1994.

Rehearing Denied May 4, 1994.

Attorney(s) appearing for the Case

Henry S. Knight, Jr., of Nelson, Mullins, Riley & Scarborough, Columbia, for appellant.

R. Bryan Barnes, of Sherrill and Rogers, P.C., Columbia, for respondent.

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.

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