Anti-discrimination laws cover all aspects of the employment process from hiring practices to non-discriminatory policies in the workplace and termination.
South Dakota is an at-will employment state which means that an employer can fire someone without any reason and without a warning. There are, however, many exceptions to the rule and if you believe you were unfairly dismissed you should see a knowledgeable South Dakota employment lawyer and file a complaint or a lawsuit.
What is considered wrongful termination in South Dakota?
An employer in South Dakota cannot fire you under the at-will rule if you have an employment contract. According to the law, a contract may be in a traditional written form or implied. If someone makes you a job offer and you agree to work for them for a specified or unspecified period of time, this may be viewed as an implied contract even if you never put anything on paper. It’s more of a verbal agreement and the validity of such a contract can be proven in court through the conduct and the statements made by both parties throughout the employment period. Talk to an experienced employment lawyer in Sioux Falls and if you can show you had every reason to believe you had an implied contract, you may be able to sue for wrongful termination.
Can you file for wrongful termination under anti-discrimination laws?
The Civil Rights Act of 1964 and the South Dakota Human Relations Act prohibit discrimination in the workplace based on protected characteristics such as race, color, sex, age, disability, national origin, religion, etc.
Anti-discrimination laws cover all aspects of the employment process from hiring practices to non-discriminatory policies in the workplace and termination.
Just as an employer may not mistreat an employee in a protected class, they are not allowed to fire them because they are of the wrong skin color, age, sex, etc.
For instance, if you are the only person fired by the employer over a certain period of time and you happen to be a person of color, you may ask yourself whether that was the reason you were terminated. Before you take any action, you should have a good employment lawyer review your case. If your job performance was good, if you did better than some of your coworkers of a different skin color, you may prove that you being the only one fired represents an act of discrimination and wrongful termination.
What can you do about sexual harassment in South Dakota?
Sexual harassment is considered a form of discrimination in the workplace. If you were sexually harassed by your employer and feel you were fired because you refused their sexual advances, you can file a complaint.
According to the law, you need to file a complaint with the Equal Employment Opportunity Commission (EEOC). The statute of limitations is 180 days from the date of the last harassment incident so there’s no time to lose. The EEOC will review your case and will offer to negotiate a settlement between you and your employer. You can get damages for the emotional suffering as well as for the lost wages.
Also, the law prohibits any form of retaliation against an employee who files a complaint for discrimination, unfair wages, unsafe work conditions, etc. Anyone collaborating with the investigation in such a complaint is protected against retaliation. If you are fired for speaking out, you may be able to sue for wrongful termination.
