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 not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to know the classification of your work setup. Typically, 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?
Discrimination is the most common unlawful grounds for terminating an employee in South Dakota. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. Employers in Brookings 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.
Furthermore, 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 Brookings, South Dakota may be able to inform you as to whether a wrongful termination has occurred, and can assist you in gathering the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.