South Dakota Employee Action and Behavior Documentation
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FAQ
South Dakota is a strong employment-at-will state (SD Cod. Laws Sec. 60-4-4). This means that an employer (or employee) may generally terminate the employment relationship at any time and for any reason, unless a contract or law provides otherwise.
An employee write-up form is a specific document used to either discipline an employee or to note some sort of workplace violation. You use employee write-up forms to keep track of major breaks from work policies and standards.
Unfortunately, getting fired without a reason can happen to just about anyone. In many cases, unless there is a contract or bargaining agreement, employees are considered covered under employment at will, which means your employer doesn't need a reason to fire you.
Wrote up; written up; writing up; writes up. Definition of write up (Entry 2 of 2) transitive verb. 1 : to make a write-up of. 2 : to report (a person) especially for some violation of law or rules.
A wrongful termination or wrongful dismissal occurs when a company unlawfully lays off or fires an employee. The majority of terminations are legal under South Dakota law, but sometimes companies deliberately or unknowingly break a law or violate a contract when ending the employee-employer relationship.
Wrongful Termination in South Dakota Though South Dakota is an at-will employment state, meaning the employer can fire without reason and an employee can quit without reason, there are a number of exceptions. One cannot be terminated because of his or her color, race, religious beliefs or ancestry.
Drug and Alcohol Testing PolicyThe State has implemented a drug testing procedure for applicants and employees in 1) safety sensitive positions and 2) positions requiring a commercial driver's license.
Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.
No they do not drug test.
The Exception: Gross Misconduct The only exception, regardless of the length of service, is that an employee can be dismissed without notice where that employee has committed gross misconduct. In those cases, an employee can be summarily dismissed, without notice.
