When is a Job Termination Considered Wrongful in South Dakota?
The majority of employment relationships in South Dakota fall into the category of "at-will" employment. This type of setup means that either employer or the employee is free to end the employment at any time they desire. The only exception to "at-will" employment is that the employment may not be terminated in a manner that violates the law.
Employment not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to learn the classification of your work setup. Generally, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained in the contract.
What are the Illegal Grounds for Terminating At Will Employment in South Dakota?
In a South Dakota at-will employment, discrimination is the most common illegal ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. Employers in Mitchell may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Furthermore, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Lastly, an employer may not fire an employee for refusing to do something illegal, for exercising a legal right, or performing a legal obligation.
Do I Need a South Dakota Attorney for My Wrongful Termination Case?
Mitchell, South Dakota lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the necessary information and documents, and will guide you through any unique or special procedures.
