Wrongful Termination in South Dakota
South Dakota is generally an at-will state, but some firings are illegal. Here are the exceptions, retaliation protections and where to file.
Short answer: Employment with no set term may be ended at the will of either side on notice. Exceptions recognized include: a contract for a set length of employment; firing in retaliation for refusing to commit a crime or unlawful act; South Dakota at-will statute, as summarized by DLR
| At-will employment and exceptions | Employment with no set term may be ended at the will of either side on notice. Exceptions recognized include: a contract for a set length of employment; firing in retaliation for refusing to commit a crime or unlawful act; firing for using a legal right, such as filing a workers' compensation claim; discrimination based on race, color, creed, religion, sex, ancestry, disability or national origin; firing for jury service; and firing for lawful tobacco use off the job during non-working hours (with limited exceptions). |
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| Whistleblower and retaliation protection | Employers may not fire or retaliate against an employee for complaining to the employer or the Department of Labor and Regulation about unpaid wages, or for starting or testifying in a wage proceeding. Firing someone for refusing to commit a criminal or unlawful act is also recognized as an exception to at-will employment. Source: SDCL § 60-11-17.1 |
| Job discrimination complaints | South Dakota Division of Human Rights (Department of Labor and Regulation). The state law covers any employer that hires or employs any employee in South Dakota (no minimum size). A charge must be filed within 180 days of the discriminatory act. Phone: 605-773-3681. Source: SDCL §§ 20-13-1, 20-13-31 |
Where to get help in South Dakota
- South Dakota Department of Labor and Regulation (DLR), Division of Labor and Management
- File a complaint or claim
More South Dakota employment law
- Minimum Wage in South Dakota
- Final Paycheck Laws in South Dakota
- Meal and Rest Break Laws in South Dakota
- Paid Sick Leave in South Dakota
- Non-Compete Agreements in South Dakota
- All South Dakota employment law rules
FAQ
Is South Dakota an at-will employment state?
Employment with no set term may be ended at the will of either side on notice. Exceptions recognized include: a contract for a set length of employment; firing in retaliation for refusing to commit a crime or unlawful act; firing for using a legal right, such as filing a workers' compensation claim; discrimination based on race, color, creed, religion, sex, ancestry, disability or national origin; firing for jury service; and firing for lawful tobacco use off the job during non-working hours (with limited exceptions).
Is it illegal to fire someone for reporting a violation in South Dakota?
Employers may not fire or retaliate against an employee for complaining to the employer or the Department of Labor and Regulation about unpaid wages, or for starting or testifying in a wage proceeding. Firing someone for refusing to commit a criminal or unlawful act is also recognized as an exception to at-will employment.
Where do I file a job discrimination complaint in South Dakota?
South Dakota Division of Human Rights (Department of Labor and Regulation). The state law covers any employer that hires or employs any employee in South Dakota (no minimum size). A charge must be filed within 180 days of the discriminatory act. Phone: 605-773-3681.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.