Department of Labor and Regulation

Title - Wage & Hour

Termination

Employment relationships in South Dakota may be 'terminated at will,' which means an employer does not need a specific reason to fire an employee. This is the same concept as an employee not needing a specific reason to quit a job. Generally, the only exceptions to this rule are when:

A contract for employment exists.

The employer discharges an employee in retaliation for refusal to commit a criminal or unlawful act.

The employee is attempting to take advantage of a lawful right, such as filing a worker's compensation claim.

State (and federal) law also forbids the discharge of any employee because of race, color, creed, religion, sex, ancestry, disability or national origin. In addition, an employee may not be terminated for serving as a juror in any court in the state of South Dakota.

State law also provides some job protection for people who smoke. Any use of tobacco products off the worksite during non-working hours may not be used as a reason to fire an employee. Exceptions may be made only if a non-smoking requirement is important to the work activities of an individual or group of employees, or if a smoking prohibition is necessary to avoid a conflict of interest with any responsibilities to the employer. The law specifically allows a smoking ban for full-time firefighters.

Whether the employee quits or is fired, the law requires that all wages and compensation be paid on the next regular pay day after the employment ends. However, the employer may hold back the final paycheck until the employee returns any property that belongs to the employer.

Disclaimer

The information provided on this Web page should in no way be considered legal advice. For specific information about your legal rights, you should consult your personal attorney. If you have a general question, contact us.

South Dakota Department of Labor and Regulation
Division of Labor and Management
700 Governors Drive
Pierre, SD 57501
Phone: 605.773.3681
email



Marcia Hultman, Secretary
700 Governors Drive
Pierre, SD 57501-2291
Tel. 605.773.3101
Fax. 605.773.6184