If you were fired for an illegal reason in South Dakota, there are some laws in place that can protect you. It doesn’t matter that you live in an at-will employment state. There are some things that you cannot be fired for because they violate both Federal and state laws. If you were fired for a reason that is protected by law, you can file a claim against the employer that fired you. You may be entitled to damages if you were fired illegally.
What Is The South Dakota Human Rights Act?
The South Dakota Human Rights Act is a law that says that employers can’t discriminate against employees because of their race, religion, sex, national origin, disability, or creed. It was passed in 1972 and applies to both housing and employment in South Dakota. If your employer fired you for one of those reasons then you can file a claim against that employer because they violated your rights under the South Dakota Human Rights Act.
What Other Laws Protect South Dakota Workers From Wrongful Termination?
The South Dakota Human Rights Act is a state law that protects workers from wrongful termination, but there are also Federal laws that protect workers in South Dakota from illegal firing. South Dakota is an at-will employment state, and some employers assume that means they can fire someone for no reason at all. That is partially true, but an employer can’t fire someone for reasons that are protected by state or Federal laws. There are several Federal laws that protect workers including:
- Americans With Disabilities Act
- Title VII of the Civil Rights Act
- Pregnancy Protection Act
- Pregnancy Fairness Act
- Family Medical Leave Act
- Age Discrimination In Employment Act
- Occupational Health And Safety Act
- Immigration Reform And Control Act
If you were wrongfully terminated in South Dakota, you have the right to file a complaint because your state and Federal employment rights were violated.
Who Oversees the Wrongful Termination Laws in South Dakota?
In South Dakota workers can file a complaint with the South Dakota Division of Human Rights if their employment rights were violated. You can also file a complaint with the Federal Equal Employment Opportunity Commission (EEOC). Because the EEOC is a Federal agency they have jurisdiction to investigate employers in South Dakota. However, there is no EEOC office in South Dakota. You will have to file a complaint on the EEOC’s website or visit an EEOC office in a neighboring state to file a complaint.
Get in Touch With a Lawyer That Takes South Dakota Wrongful Termination Claims
If you were wrongfully terminated and discriminated against by an employer, you should speak with an attorney who handles South Dakota wrongful termination claims. Talking to an employment lawyer is the best way to get personalized advice about your specific situation. An employment lawyer can help you gather evidence, file your claim, and investigate next steps.
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