At-Will Employment - South Dakota

Summary of differences between federal and state regulations

The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.

South Dakota law states that an employment having no specified terms may be terminated at the will of either party on notice to the other, unless otherwise provided by statute.

State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.

State courts have recognized the concept of an “implied contract” exception to the at-will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.

State

Contact

South Dakota Department of Labor

Regulations

S.D. Code §60-4-4.Employments having no specified term; Termination at will.
An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute.

South Dakota laws states that an employer may discharge any employee whether engaged for a fixed term or not if, being employed about the person of the employer or in a confidential position, the employer discovers that he has been guilty of misconduct before or after the commencement of his service of such a nature that, if the employer had known or contemplated it, he would not have so employed him.

Federal

Contacts

None.

Regulations

None.