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. 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?

In the state of South Dakota, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. An employer in Harrisburg also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or prompting an investigation of discrimination against the employer.

Furthermore, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Finally, employers may not fire workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.

Do I Need a South Dakota Attorney for My Wrongful Termination Case?

Harrisburg, 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 required information and documents, and will guide you through any unique or special procedures.