In terms of employment laws, South Dakota is an at-will state which means employers can terminate any employee for no specified reason. There are exceptions to the at-will law, however, that prevent an employer from firing someone who meets these exceptions. Although it makes it difficult for employees to feel secure in their position as they could lose it, they are protected by the South Dakota labor laws if their employer terminates them and they meet one or more of the following criteria:
- There is a contract for a certain length of employment but the employee is terminated prior to the ending date of that contract.
- If the employer discharges the worker as a form of retaliation for them refusing to commit an unlawful act.
- The employee has obtained workers compensation benefits or another lawful right that permits them to be out of work.
- They are a smoker and there is no conflict of interest with their habit and the job they hold. South Dakota’s state laws protect some smokers if they exercise their right outside of the workplace and off-duty.
An employer also cannot refuse a job or discharge a worker because of:
- National Origin
Are you employed in the state of South Dakota but feel your employer has fired you out of discrimination or any other unethical reason? If so, USAttorneys.com can assist you in finding a SC employment and labor law lawyer whom you can sit down with and discuss your issue. While it isn’t always necessary to hire a labor law attorney, they can in fact provide you with some valuable information on what your rights are as an employee and what your employer is permitted to do.
Sometimes, though, it might be more beneficial to hire an employment law attorney if you have lost out on a significant amount of income because your employer terminated you before your contract date was up. It all comes down to your particular matter, the severity of it, and whether a lawyer is the right professional to help acknowledge your employer for their wrongdoing.
Am I entitled to severance pay if my employer fires me without notice?
Employers are not required to provide employees they fire without notice with severance pay. Severance pay is an amount of money paid to an employee after being dismissed from their employment duties. Only under certain circumstances would an employer be required to provide the worker they let go with severance pay. For instance, if your contract states that you are entitled to this or an agreement was made with your employer, you may have to file a claim in a small claims court according to The Division of Labor and Management to collect this money if your employer is denying you of it.
While employers have certain qualifications they use when hiring a worker and reasons they must let employees go, they cannot violate South Carolina’s state laws or a worker’s rights. Our featured employment and labor law attorneys in South Carolina would be more than willing to explain what these laws are and even assess your particular matter and determine if you have a viable case on your hands.
Give us a call today and we will help you locate and retain a top employment law attorney in your city who can provide you with all the necessary information you might need.