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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.
South Dakota has been a right-to-work state since 1946, when it was made part of the state constitution.
A state constitutional amendment passed in 1946 prohibits any person's right to work from being denied or abridged on account of membership or nonmembership in any labor union, or labor organization. Currently, South Dakota is one of the twenty-five states in the country to enact right to work laws.
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.
South Dakota does not have any required number of hours to be full-time. So, it is up to each company to set how many hours an employee must work to be part-time or full-time. Employees should contact their supervisor to find out if they are considered full-time or part-time at their job.
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.
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.
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.
The 28 states having 'Right-to-Work' laws include Arizona, Alabama, Arkansas, Florida, Idaho, Georgia, Indiana, Kansas, Iowa, Kentucky, Michigan, Louisiana, Mississippi, Nebraska, Missouri, Nevada, North Dakota, North Carolina, Oklahoma, South Dakota, South Carolina, Tennessee, Utah, Virginia, Texas, Wisconsin, and