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. Employers in Belle Fourche may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or initiated an investigation into discrimination.
Also, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a South Dakota Attorney for My Wrongful Termination Case?
Local Belle Fourche, South Dakota lawyers can thoroughly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.