What is Employment Law in South Dakota?
Map courtesy of Geology.com except where noted.
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South Dakota is the 40th U.S. state and has a population of over 800,000 people. Most of South Dakota is rural in character and has retained much of its agricultural foundation. The region is popular for its national parks and monuments. In particular, the iconic monument Mount Rushmore draws many visitors to South Dakota annually. Over time the state has incorporated other industries in its economy like financing and defense spending.
The judicial branch of South Dakota is composed of the state Supreme Court, Circuit Courts, and Magistrate Courts. Most lawyers in South Dakota assist clients through the Circuit Courts, as the Magistrate Court does not hear jury trials. The Circuit Courts have jurisdiction over both criminal and civil claims, and serve as the general trial courts for the state.
South Dakota has a complex body of case law. An influential South Dakota ruling can be found in South Dakota v. Opperman (1976), which defined the "community caretaking" functions of police forces. Under the Opperman ruling, police authorities must engage in "community caretaking", which includes duties like ensuring the safe flow of traffic. The case also discussed search and seizure provisions.
Lawyers in South Dakota represent clients in order to help them defend their interests and help them obtain legal relief. South Dakota lawyers can assist you with legal questions, represent you in a court of law, and help you with legal documents and many other tasks. Attorneys in South Dakota are well-known for their expertise in many areas.
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At-Will and Contract Employment
Most job relationships in South Dakota are on the basis of "at will" employment, but in other cases there may be an employment contract with a set term. "At will" employment implies that either the employee or the employer may end the relationship at any point, so long as the reason for the termination is not illegal. If the employer and employee are working according to an employment contract, South Dakota employment law will govern the various clauses contained in the contract.
The Law of Discrimination in South Dakota
According to South Dakota law, employees may not discriminate against their employees regarding any phase of the employment, including hiring policies, workplace procedures, and termination. The law in South Dakota defines certain categories, or classes, against which it is illegal to discriminate. These classes may include race, gender, age, national origin, disability and religion. Lawyers in South Dakota who specialize in employment discrimination can help determine which types of behavior would be defined as discrimination.
