The majority of employment relationships in South Dakota fall into the category of "at-will" employment. This form 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 can not be terminated in a manner that breaks the law.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is critical that you know how your work setup is classified. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract procedures.
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 unlawful ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. Aberdeen employers are further barred from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Also, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Finally, employees are protected from being terminated by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a South Dakota Attorney for My Wrongful Termination Case?
Attorneys in Aberdeen, South Dakota may be able to inform you as to whether a wrongful termination has occurred, and can assist you in preparing the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.