South Dakota Employment Lawyers
Employment law are those laws approved in South Dakota that apply to employers, employees and independent contractors. These laws apply to every aspect of workplace endeavors, such as hiring policies, wage disputes, and firing of employees. South Dakota's employment laws set forth particular mandates that need to be understood by both employers and employees.
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 specific term. "At will" employment implies that either the employee or the employer may end the relationship at any time, so long as the reason for the termination is not unlawful. If the employer and employee are working according to an employment contract, South Dakota employment law will govern the different 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 procedures, workplace policies, and termination. The law in South Dakota defines particular 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 forms of behavior would be defined as discrimination.
Interesting Facts About South Dakota
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.