Can I sue for wrongful termination in South Dakota?

Yes, if your termination falls within a recognized exception to at-will employment. You may need to file an administrative complaint first before bringing a lawsuit.

What damages can I recover?

Available remedies vary by claim type but may include back pay, reinstatement, and other compensatory relief.

Do I need an attorney?

Wrongful termination cases are complex. An experienced employment attorney can evaluate your case and significantly improve your chances of success.

Topic guideUpdated 2026-02-27

Wrongful Termination in South Dakota — Know Your Rights

Q: What makes a termination "wrongful"?

A termination is wrongful if it violates a statute, public policy, or an employment contract. Limited public policy exception through case law; workers' comp retaliation prohibited (SDCL § 62-1-16 makes an employer civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim); Human Relations Act prohibits retaliatory discharge for discrimination complaints [§ 20-13-26].

Q: How long do I have to file?

Deadlines vary by claim type. Discrimination claims must be filed within 180 days to file with the Division of Human Rights; 300 days with EEOC through dual filing [§ 20-13-31]. Other claims may have different limitations periods.

At-will exceptions, public policy protections, and how to challenge an illegal firing in South Dakota.

While South Dakota follows the at-will employment doctrine, not all terminations are lawful. Wrongful termination occurs when a firing violates the law. Limited public policy exception through case law; workers' comp retaliation prohibited (SDCL § 62-1-16 makes an employer civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim); Human Relations Act prohibits retaliatory discharge for discrimination complaints §20-13-26.

When Is Termination Wrongful?

Termination may be wrongful if it violates:

A state or federal anti-discrimination law §20-13-10

The public policy of South Dakota §20-13-26

An express or implied employment contract

Anti-retaliation provisions (for reporting illegal conduct, filing complaints, or exercising statutory rights)

At-Will Exceptions in South Dakota

Strict at-will doctrine; limited public policy exception recognized in narrow circumstances; no implied contract or good faith exceptions generally recognized.

Filing a Wrongful Termination Claim

To pursue a wrongful termination claim in South Dakota:

Document the circumstances of your termination immediately

Preserve all relevant communications, performance reviews, and employment records

File a complaint with the South Dakota Division of Human Rights (within the Department of Labor) within the applicable deadline §20-13-31

Consider filing a charge with the EEOC for federal claims

Consult with an employment attorney to evaluate your case

⚠The Statute of limitations for wrongful termination claims varies by theory. Public policy claims may have different deadlines than discrimination claims. Act quickly.

✓If you are offered a severance agreement, have an attorney review it before signing. Severance agreements often contain waivers of your legal rights.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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