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. If an employment contract specifying a time for employment is involved for your work agreement, then employment is not "at will", and termination can only be done following the terms of 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. An employer in Yankton also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or initiating an investigation of discrimination against the employer.
Additionally, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, an employer may not terminate an employee for refusing to do something illegal, for exercising a legal right, or performing a legal obligation.
Do I Need a South Dakota Attorney for My Wrongful Termination Case?
Local Yankton, 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.