Title 60 — LABOR AND EMPLOYMENT
17 chapters · 173 sections in this title.
SDCL § 60-4-1 Death or incapacity of employer
0.3K chars
An employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of: (1) Death of the employer; or (2) Legal incapacity of the employer to contract. Source: CivC 1877, § 1150; CL 1887, § 3773; RCivC 1903, § 14…
SDCL § 60-4-10 Discharge of employee--Concealment of misconduct
0.6K chars
An employer may discharge any employee, whether engaged for a fixed term or not, if, being employed about the person of the employer or in a confidential position, the employer discovers that the employee has been guilty of misconduct before or after the commencement of service o…
SDCL § 60-4-11 Discrimination against employee off - duty use of tobacco
1.6K chars
It is a discriminatory or unfair employment practice for an employer to terminate the employment of an employee due to that employee's engaging in any use of tobacco products off the premises of the employer during nonworking hours unless such a restriction: (1) Relates to a bona…
SDCL § 60-4-12 Presumption of good faith disclosure of employment information to prospective employers
1.0K chars
Any employer or agent of the employer, who in writing, discloses information about the job performance of an employee or former employee to a prospective employer of that person at the written request of the prospective employer or the employee or former employee is presumed to b…
SDCL § 60-4-2 Expiration of appointed term--Extinction of subject--Death or incapacity of employee
0.3K chars
An employment is terminated: (1) By expiration of its appointed term; (2) By extinction of its subject; (3) By death of the employee; or (4) By legal incapacity of the employee to act as an employee. Source: CivC 1877, § 1150; CL 1887, § 3773; RCivC 1903, § 1469; RC 1919, § 1093;…
SDCL § 60-4-3 Employee must continue in certain cases
0.7K chars
An employee, unless the term of the employee's service has expired, or unless the employee has a right to discontinue it at any time without notice, shall continue service after notice of the death or incapacity of the employer so far as is necessary to protect from serious injur…
SDCL § 60-4-4 Termination at will
0.2K chars
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. Source: CivC 1877, § 1152; CL 1887, § 3775; RCivC 1903, § 1471; RC 1919, § 1095; SDC 1939, § 17.0401.
SDCL § 60-4-5 Neglect or breach of duty--Incapacity to perform
0.3K chars
An employment even for a specified term may be terminated at any time by the employer for habitual neglect of duty, continued incapacity to perform, or any willful breach of duty by the employee in the course of employment. Source: CivC 1877, § 1153; CL 1887, § 3776; RCivC 1903, …
SDCL § 60-4-6 Breach of obligation of employer
0.3K chars
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. Source: CivC 1877, § 1154; CL 1887, § 3777; RCivC 1903, § 1473; RC 1919, § 1097; SDC 1939, § 17.04…
SDCL § 60-4-9 Discharge of employee--Misconduct or immorality
0.4K chars
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. Source: CivC 1877, § 1163, subdiv 1; CL 1887, § 3786; subdiv 1; RCivC …