Wrongful Termination in South Dakota

What Is Wrongful Termination?

While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates South Dakota law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.

South Dakota law only describes what qualifies as a breach of an employment contract. In brief, you can lose your job for almost any reason that doesn’t qualify as discrimination. In some cases, a promise made orally that doesn’t happen can also create legal liabilities for employers.

Types Of Wrongful Termination

In South Dakota, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect you have been wrongfully terminated. In the following paragraphs are some of the red flags that you should watch out for.

Limitations of At-Will Employment

Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. South Dakota state, federal, or local laws prohibit these reasons.

Employees should also know that the South Dakota Constitution has made the right to work doctrine permanent. This law prevents employers from allowing union membership to become a prerequisite for employment. In effect, you should not have to pay dues to a labor organization as an obligation in your chosen career.

An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.

Discrimination

Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.

If you believe that you have been penalized or fired in South Dakota  for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced South Dakota attorney can walk you through the process to help ensure the best possible outcome.

Retaliation

Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses. 

South Dakota has whistleblower laws to protect employees, but they are weak in comparison to other states. As a result, you may have better luck relying on federal law like the Whistleblower Protection Act of 1989. Unfortunately, state legislators have not made legislation with adequate power to protect workers.

There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.

What To Do If You’ve Been Wrongfully Terminated in South Dakota

Have you been wrongfully terminated? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the South Dakota laws that your employer has to follow in your area.

Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.

The deadline for filing a complaint with the EEOC is only 180 calendar days from when you experience discrimination. If an employee in South Dakota wants to take legal action, this first step should occur shortly after the event occurs. Otherwise, you run the risk of allowing the statute of limitations to expire.

Step One: Gather Evidence

It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.

Step Two: Find an Attorney

Hiring an experienced South Dakota wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. South Dakota employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.

Step Three: File a Complaint

If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.

As of 2021, the U.S. Equal Employment Opportunity Commission does not have a local office available to workers in South Dakota. However, if you have questions you would like to discuss with a representative, you can call 1-800-669-4000. The Washington Field Office may have availability to help you understand your rights.

Why You Should Hire A Wrongful Termination Lawyer

Filing a wrongful termination lawsuit in South Dakota can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to finally be heard also helps to ease the burden they’ve been carrying.

We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced South Dakota attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.

Our company charges no fees to connect you with the legal services you need. Some South Dakota attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.

Are you ready to find a qualified South Dakota attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across South Dakota state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!