Wrongful Termination in South Dakota
State-specific overview · Employment Law
South Dakota follows at-will employment; wrongful termination claims require violation of explicit statute or clear public policy.
How South Dakota treats Wrongful Termination
South Dakota recognizes at-will employment as the default rule, meaning employers may fire workers for any reason unless a statute or strong public policy prevents it. Wrongful termination claims typically arise only when an employer violates a specific law, such as retaliation for jury duty or whistleblowing. The state does not recognize a broad public policy exception to at-will employment, limiting wrongful termination claims compared to other states. Employees must show the termination violated an explicit legal duty, not merely that it was unfair or arbitrary.
The general definition of Wrongful Termination
Illegal firing of an employee in violation of law, contract, or public policy.
Wrongful termination occurs when an employer fires an employee for an illegal reason or in violation of an employment contract or established public policy. Common illegal reasons include retaliation for reporting safety violations, discrimination based on race or gender, refusal to commit an illegal act, or exercising a legal right like jury duty. In most US states, employment is at-will, meaning employers can fire workers for almost any reason, but there are important exceptions. An employee who is wrongfully terminated can sue for damages, including lost wages and emotional distress.
Read the full Wrongful Termination entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.