South Dakota Employment Harassment Package
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How to fill out Employment Harassment Package?
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22-19A-1. Stalking--Violation as misdemeanor--Second or subsequent offense a felony. (3) Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication. A violation of this section constitutes the crime of stalking.
Any person who, knowingly and intentionally, communicates any threat not subject to § 22-11-15.5 to take the life of or to inflict serious bodily harm upon a law enforcement officer of the state or a member of the officer's immediate family, is guilty of a Class 1 misdemeanor.
For the purposes of this chapter, harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
Payment of accrued, unused vacation on termination is also not addressed by state statutes. Because South Dakota's Legislature and its courts have not provided any information about vacation leave, employers are free to create their own policies regarding vacation leave and PTO payout at termination.
No person with a possessory interest in land, including an owner, lessee, or other occupant, owes any duty of care to a trespasser nor is subject to liability for any injury to a trespasser except as provided in §§ 20-9-11.3 to 20-9-11.6, inclusive. Source: SL 2011, ch 111, § 1.
Loss of Employment: Individuals found guilty of harassment can face immediate termination, resulting in the loss of their job. Termination serves as a strong message from the employer that such behavior will not be tolerated, and it underscores the seriousness with which harassment is viewed in the workplace.
South Dakota has several definitions for simple assault, including trying to cause bodily injury to someone, negligently causing injury with a dangerous weapon, recklessly injuring someone or attempting to cause another person to fear for their bodily safety.