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Wrongful Termination
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South Dakota Wrongful Termination

A wrongful termination or wrongful dismissal occurs when a company unlawfully lays off or fires an employee. The majority of terminations are legal under South Dakota law, but sometimes companies deliberately or unknowingly break a law or violate a contract when ending the employee-employer relationship. If you think you've been wrongfully dismissed from a job, talk to an employment lawyer or wrongful termination attorney immediately.

Legal Exceptions to At-Will Employment Laws

South Dakota is what's known as an at-will employment state, meaning that an employer can normally terminate an employee with little warning and for almost any reason. However, according to the South Dakota Department of Labor & Regulation, there are three exceptions to that rule:

"Generally, the only exceptions to this rule are when: A contract for employment exists. [Or] the employer discharges an employee in retaliation for refusal to commit a criminal or unlawful act. [Or] 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."

How you and your attorney address the wrongful termination will depend on the specific facts in your situation. For example, if you were terminated for discriminatory reasons, you'll have to file complaint of discrimination with either:

If you were terminated in violation of an employment contract, on the other hand, your labor and employment attorney would file a breach of contract lawsuit in South Dakota civil court.

Find & Hire Local South Dakota Wrongful Termination Attorneys

Let help you locate wrongful termination lawyers in your area! Our free lawyer referral service can help connect you with attorneys across South Dakota, including lawyers in Rapid City, Sioux Falls, Aberdeen and elsewhere. Fill out the form on this page to get matched with an attorney today, or call us at 877-913-7222.