Can I fire employees for reasons other than poor performance in South Dakota? What are the requirements?

Based on the context documents, South Dakota is an at-will employment state, which means that employers can terminate employees for any reason or no reason at all, as long as it is not discriminatory or in violation of any employment contract or agreement. However, there are certain requirements that employers must follow when terminating employees in South Dakota.

Requirements for Terminating Employees in South Dakota

1. Discrimination: Employers cannot terminate employees based on their race, color, national origin, sex, religion, age, disability, or any other protected characteristic under federal or state law ^[2.1].
2. Criminal Convictions: If an employee is suspended, resigns, or is terminated as a result of a criminal conviction, the superintendent or chief administrator must report the circumstances and the name of the employee to the Department of Education within ten days of the date of the suspension or the date the employment is severed ^[1.3].
3. Notice of Intended Disciplinary Action: Before disciplining or terminating a status employee for cause, the appointing authority must give the employee verbal or written notice and an opportunity to present reasons why the proposed action should not be taken. The appointing authority must provide the employee with a verbal or written statement of specific reasons for the proposed action and advise the employee when the employee must respond. The employee may be suspended with or without pay until the meeting, receipt of written response, or waiver by the employee of the right to respond. The disciplinary action may be taken only after the meeting or receipt of a written response or after waiver of the right to respond. The appointing authority must give the employee written notice of the decision, with a copy to the Bureau of Human Resources, within five working days after the date of the meeting or the date of the employee’s written response, whichever occurs later. The notice must advise the employee of the departmental grievance procedure ^[5.1].

Conclusion

In South Dakota, employers can terminate employees for any reason or no reason at all, as long as it is not discriminatory or in violation of any employment contract or agreement. Employers must follow certain requirements when terminating employees, including reporting criminal convictions and providing notice of intended disciplinary action.

Source(s):

• [2.1] Agreement denying free exercise of right to work as misdemeanor.
• [1.3] Suspension or resignation of employee for criminal conviction–Reporting.
• [5.1] Notice of intended disciplinary action.

Jurisdiction

South Dakota

• Labor