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Can I terminate employees without violating employment laws in South Dakota? What are the requirements?
To terminate employees without violating employment laws in South Dakota, you must comply with the following requirements:
- Employment at will: An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute [3.3].
- Misconduct or immorality: An employer may discharge any employee, whether engaged for a fixed term or not, if the employee is guilty of misconduct in the course of service or of gross immorality, though unconnected with the misconduct [3.2].
- Breach of obligation of employer: An employment even for a specified term may be terminated by the employee at any time for any willful or permanent breach of the obligations of the employer to the employee as such [3.4].
It is important to note that any agreement relating to employment, whether in writing or oral, which by its stated terms, or by implication, interpretation, or effect thereof, directly or indirectly denies, abridges, interferes with, or in any manner curtails the free exercise of the right to work by any citizen of the state of South Dakota, is a Class 2 misdemeanor [1.1].
In addition, no person may be deprived of the right to work on account of membership or nonmembership in any labor union or labor organization. Violation of this section is a Class 2 misdemeanor [1.3].
If you follow the above requirements, you can terminate employees without violating employment laws in South Dakota.
Source(s):
- [1.1] Agreement denying free exercise of right to work as misdemeanor.
- [3.2] Discharge of employee–Misconduct or immorality.
- [1.3] Denial of right to work because of membership or nonmembership in union–Misdemeanor.
- [3.3] Termination at will.
- [3.4] Breach of obligation of employer.
Jurisdiction
South Dakota