## Is South Dakota an at-will employment state? Yes. Like 49 other states, South Dakota follows the at-will employment rule: either the employer or the employee can end the employment relationship at any time, for any reason, with or without notice — UNLESS one of the recognized exceptions applies. ## What at-will means in practice - Your employer can fire you for a **stupid** reason — you wore the wrong color shirt, your boss is in a bad mood - Your employer can fire you for **no reason at all** — and they don't have to tell you why - Your employer **CANNOT** fire you for an **illegal** reason — discrimination, retaliation, exercising a protected right, or refusing to break the law The key question is whether the firing falls into the "illegal reason" bucket, not whether it was unfair. ## South Dakota's exceptions to at-will - **Public policy exception** — recognized in South Dakota. You can't be fired for refusing to break the law, for filing a workers' comp claim, for serving on a jury, for whistleblowing, or for exercising a clear statutory right. - **Implied contract exception** — recognized in South Dakota. Promises in employee handbooks, offer letters, or oral statements may create binding employment terms ("you'll only be terminated for cause," "progressive discipline policy applies"). - **Covenant of good faith and fair dealing** — not recognized as a free-standing tort in employment context (most states are in this category). ## Federal protections that apply everywhere Even in the strictest at-will states, federal law protects against firings based on: - **Race, color, national origin, religion, sex** (Title VII) - **Pregnancy** (PDA) - **Age** if 40+ (ADEA) - **Disability** (ADA) - **Genetic information** (GINA) - **Union activity** (NLRA) - **Wage-and-hour complaints** (FLSA retaliation) - **OSHA complaints** - **Family or medical leave** (FMLA) - **Military service** (USERRA) South Dakota state law usually adds more categories (sexual orientation, gender identity, marital status, age below 40, source of income, criminal history in some cities) — your state's anti-discrimination agency or employment attorney can confirm. ## Severance and separation agreements An employer who fires you doesn't have to offer severance — but many do, in exchange for a signed release of claims. **Don't sign on the spot.** You almost always have at least a few days to review (and if you're 40+, federal law gives you 21 days to consider the agreement and 7 days to revoke after signing). Have an employment attorney review it before you sign — small changes to the language can be worth months of pay. ## What you should do if you've been fired 1. **Get the firing in writing** — an email, a letter, a text 2. **Save your records** — performance reviews, handbooks, emails, texts, witness names 3. **File for unemployment** — even if you think you might not qualify; let the agency decide 4. **Talk to an employment lawyer** before signing ANY severance agreement 5. **Consider whether the reason was illegal** — discrimination, retaliation, refusal to break the law, or violation of a contract or handbook ## What you should do If you think you were fired illegally — or you're an employer trying to do a termination correctly — talk to a South Dakota employment attorney. Most plaintiffs' employment attorneys offer free or low-cost initial consultations and work on contingency. Employers should never run a high-stakes termination without legal review. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Employment law is highly fact-specific and changes frequently. Talk to a licensed South Dakota employment attorney about your specific situation.*