Wrongful Termination in South Dakota (2026): Laws, Deadlines, How to File

South Dakota is an at-will state. SDCL 60-4-4 says "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." So a firing is wrongful only when it breaks a specific law or a narrow court-made rule.

The main statute is the South Dakota Human Relations Act of 1972, SDCL chapter 20-13. SDCL 20-13-10 makes it an unfair or discriminatory practice to discharge an employee because of race, color, creed, religion, sex, ancestry, disability or national origin. The Act has no minimum employer size, and a charge is due within 180 days. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Dakota law on firing employees: the Human Relations Act (SDCL chapter 20-13), SDCL 60-4-4 and other South Dakota statutes that bar particular firings, and South Dakota Supreme Court decisions on public policy, handbooks and good faith, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see South Dakota severance pay laws.

Is South Dakota an at-will state?

Yes, by statute (SDCL 60-4-4). Our research found no statutory just-cause rule for private-sector employees. State civil-service employees are different: under SDCL 3-6D-23, dismissal without cause is permitted only during the probationary period (six months, or twelve for law enforcement); our research did not read the standard that applies after probation. For how the doctrine works day to day, see South Dakota at-will employment laws.

Grounds for a wrongful termination claim in South Dakota

Discrimination under the Human Relations Act

SDCL 20-13-10 provides: "It is an unfair or discriminatory practice for any person, because of race, color, creed, religion, sex, ancestry, disability, or national origin, to fail or refuse to hire, to discharge an employee, or to accord adverse or unequal treatment" in employment.

Who is covered. SDCL 20-13-1(7) defines an employer as "any person within the State of South Dakota who hires or employs any employee," and also covers a person elsewhere whose employee works in South Dakota. "Person" includes the State and its subdivisions (20-13-1(12)). No minimum headcount appears in the definition, so the Act reaches small employers that federal law does not.

Age is not covered by state law. Age does not appear in SDCL 20-13-10. Age claims go only to the EEOC under the federal Age Discrimination in Employment Act, which covers workers 40 and older at employers with 20 or more employees (29 U.S.C. 630(b)). The Division of Human Rights' charge guide says age charges must be filed within 180 days and "do not qualify for any deadline extensions."

Sexual orientation and gender identity. The Human Relations Act does not list them. Federal Title VII covers them at employers with 15 or more employees: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII." The EEOC charge deadline for those claims in South Dakota is 300 days (see below). The City of Sioux Falls has its own Human Relations Office, which works under Chapter 98 of the Sioux Falls Code of Ordinances. Our research could not read the ordinance itself and the city's own pages do not agree on the filing period, so this page states none; confirm the deadline with the Human Relations Office directly.

Blindness. SDCL 20-13-10.1 separately addresses discrimination because of blindness or partial blindness, with a civil penalty of up to $1,000.

Reprisal. SDCL 20-13-26 makes it unlawful "to engage in or threaten to engage in any reprisal, economic or otherwise, against any person by reason of the latter's filing a charge, testifying or assisting in the observance and support of the purposes and provisions of this chapter." Punitive damages are available for reprisal (see remedies).

Refusing to break the law (public policy)

In Johnson v. Kreiser's, Inc., 433 N.W.2d 225 (S.D. 1988), an at-will employee was fired for refusing to take part in a corporate officer's fraudulent scheme. The South Dakota Supreme Court held that he "has stated a cause of action for wrongful termination under the public policy exception to the at-will doctrine."

The court said "a contract action for wrongful discharge is more appropriate than a tort action," based on "the breach of an implied provision that an employer will not discharge an employee for refusing to perform a criminal or unlawful act." Our research did not open later decisions extending the exception to other situations, such as whistleblowing, so this page does not state that it reaches them.

Workers' compensation. The legislature wrote one public-policy ground into statute. SDCL 62-1-16 says "An employer is civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim. The burden of proof is on the employee." For benefits, see South Dakota workers' compensation laws.

Handbooks and implied contracts

A handbook can create a right to be fired only for cause. In Hollander v. Douglas County, 2000 SD 159, 620 N.W.2d 181, the South Dakota Supreme Court restated, from Butterfield v. Citibank of South Dakota, 437 N.W.2d 857 (S.D. 1989), two ways that happens: when a handbook "explicitly provides, in the same or comparable language that discharge can occur for cause only," or by implication "where the handbook contains a detailed list of exclusive grounds for employee discipline or discharge and, a mandatory and specific procedure which the employer agrees to follow prior to any employee's termination." In Hollander, the county deputy was not at will under the county's policy, but the court found the dismissal justified and the process sufficient. In Butterfield, a handbook with a four-step corrective-action process did not create a for-cause contract because it also allowed release without notice "in appropriate instances."

No good-faith claim

South Dakota does not imply a duty of good faith into employment. In Breen v. Dakota Gear & Joint Co., 433 N.W.2d 221 (S.D. 1988), the court held that "a covenant of good faith and fair dealing is not implied in employment relationships" under South Dakota law, and affirmed summary judgment for the employer. Nelson v. WEB Water Development Ass'n, 507 N.W.2d 691 (S.D. 1993), relied on Breen in rejecting a good-faith claim.

Whistleblowing

Our research found no general private-sector whistleblower statute in South Dakota (based on reading chapters 60-4, 60-12 and 3-6D, not a full code search). Private employees rely on the reprisal ban in 20-13-26, the wage-complaint ban in 60-11-17.1, the pay-complaint ban in 60-12-21, SDCL 62-1-16, and the Kreiser's claim for refusing to commit an unlawful act.

State civil-service employees may file a grievance under SDCL 3-6D-22 if they suffer retaliation for reporting a state-law violation through the chain of command, to the Attorney General's office or to the State Government Accountability Board; the section read states no filing period. In 2025 the legislature passed SB 63, signed March 13, 2025, which adds new sections to chapter 3-6C for state employees (full-time, part-time, seasonal or temporary) who make a good-faith report of "improper governmental conduct" (a conflict of interest prohibited by state law, fraud, or theft of government money or property constituting a felony) or of a felony committed by misusing a state position. Under section 3 of the Act, a state agency may not take adverse employment action, including actual or constructive discharge, because the employee made such a report, filed a complaint, started a proceeding, requested or took part in an audit, or testified; the protection does not apply to a report the employee knew was false or made in reckless disregard for the truth.

Section 5 of the Act lets a reporter bring a civil action in Hughes County circuit court against the supervisor (in an official capacity) or the agency for reinstatement, back pay, restored fringe benefits and seniority and, "if appropriate and in the interests of justice," attorney's fees and costs, within two years, without first exhausting internal or administrative remedies, and it keeps the 3-6D-22 grievance available. As enacted, section 5 ties that lawsuit to "a violation of section 2 of this Act" (the immunity section) rather than to section 3, so ask a lawyer how a court is likely to read it before relying on it for a firing. See South Dakota whistleblower laws.

Other firing bans in South Dakota law

Our research did not find South Dakota statutes protecting firearms in vehicles, volunteer emergency responders, witnesses, crime victims or false-claims reporters from firing, and did not establish that none exists; and it found no state paid-sick-leave or family-leave statute (not an exhaustive search). Federal USERRA bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)); federal OSHA takes safety-retaliation complaints within 30 days (29 U.S.C. 660(c)(2)); and the federal FMLA bars interference with leave rights at employers with 50 or more employees (29 U.S.C. 2611(4); 2615(a)).

Deadlines for South Dakota wrongful termination claims

The EEOC says "the deadline usually applies to each event," so a demotion and a later firing can carry separate deadlines. Get legal advice promptly rather than relying on the outer edge of any period.

Where to file a discrimination charge in South Dakota

The state agency. Charges go to the South Dakota Department of Labor and Regulation, Division of Human Rights, and are decided by the State Commission of Human Rights. Under SDCL 20-13-31, "Any charge filed under this chapter shall be filed within one hundred and eighty days after the alleged discriminatory or unfair practice occurred." The Division's Making a Discrimination Charge guide (revised January 2022) says it must receive your notarized Charge of Discrimination within 180 days of the last date of discrimination, and that a charge is not valid unless notarized.

Dual filing. The guide says that when a case falls under both state and federal law, "we will automatically notify the EEOC and your charge will be dual-filed." It adds that your federal deadline is 300 days, and that if your charge is more than 180 but less than 300 days old, the Division can help you make it but "will transfer the case directly to the EEOC." Age charges get no extension.

The EEOC. The EEOC's Chicago District Office and Minneapolis Area Office both list South Dakota. Both say an individual has 300 days from the date of alleged harm to file a charge against an employer with 15 or more employees (race, color, national origin, sex, religion or disability). For age claims against employers with 20 or more employees, the deadline is 180 days. The EEOC's rule is that the age deadline "is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law," and not if only a local law does; South Dakota has no state age statute. The Minneapolis office and the Division's guide both say 180 days. (The Chicago office's page lists 300 days for age in its states, which conflicts with that rule for South Dakota; rely on 180.) For employers below those sizes, both offices say charges go to the state or local agency within the time limits of state or local law; South Dakota's limit is 180 days under SDCL 20-13-31, and the state has no age discrimination statute. Federal charges start through the EEOC Public Portal.

From the Commission to court

You cannot sue directly under the Human Relations Act. The court route opens only after the Commission acts. When it finds the circumstances warrant, the Commission issues a notice requiring the employer to answer the charge at a hearing, and that notice must tell the parties of the right to transfer the matter to circuit court (SDCL 20-13-35).

SDCL 20-13-35.1 then provides: "No later than twenty days after the issuance of notice requiring the respondent to answer the charge, the charging party or the respondent may elect to have the claims ... decided in a civil action, in lieu of a hearing." After an election, the Division and Commission have no further jurisdiction, and "Any civil action shall be filed within one year of such election." The Division or Commission must notify the parties in writing of the election and the one-year period, and "The limitation period in which to file a civil action begins on the date of the notice of election." The Division's guide describes the same path: after probable cause and failed conciliation either party can take the case to circuit court; otherwise it goes to a Commission hearing.

Our research did not establish whether an EEOC Notice of Right to Sue satisfies the state-law steps, so ask the Division before relying on one. A federal Title VII or ADA suit requires an EEOC charge first, then suit within 90 days of the Notice of Right to Sue (42 U.S.C. 2000e-5(f)(1)).

What the Commission or a court can award

At a Commission hearing. Under SDCL 20-13-42, the Commission can order the employer to stop and take "affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay," plus "compensation incidental to the violation, other than pain and suffering, punitive, or consequential damages," and costs allowable under chapter 15-17. Attorneys' fees are listed only for housing matters.

In circuit court. Under SDCL 20-13-35.1, if the court or jury finds a discriminatory practice, "it may award the charging party compensatory damages," and the court may grant injunctive relief. The statute states no dollar cap. Punitive damages may be awarded under SDCL 21-3-2 for listed sections, including the reprisal ban in 20-13-26, but the discriminatory-discharge section, 20-13-10, is not on that list. The fee provision covers housing matters only.

Federal Title VII and ADA claims carry combined compensatory and punitive caps of $50,000 to $300,000 by employer size (42 U.S.C. 1981a(b)(3)); the hub explains them.

Constructive discharge

Our research did not open a South Dakota Supreme Court decision setting the test for constructive discharge (quitting because conditions became intolerable). If you are thinking of resigning because of how you are being treated, get legal advice first.

References, personnel files and final pay

Our research found no South Dakota statute requiring an employer to give a reason for a firing or to open a personnel file to employees (a reading of chapter section lists, not a full code search). SDCL 60-4-12 gives employers a good-faith presumption for written job-performance references and says a written response "shall be made available to the employee or the former employee upon written request." For when your last check is due, see South Dakota final paycheck laws.

Recent changes to South Dakota law

Our research found no amendment to SDCL 20-13-10, 20-13-31, 20-13-35.1, 60-4-4 or 62-1-16 in the 2025 or 2026 sessions; the latest change to 20-13-1 and 20-13-10 was in 2020 (SL 2020, ch. 70).

• 2025 SB 63 (protections for state employees who report improper governmental conduct and crime) was signed March 13, 2025; its terms are described in the whistleblowing section above.
• SL 2025, ch. 84 added SDCL 20-13-58 to 20-13-63 to the Human Relations Act, on public changing rooms, sleeping quarters and restrooms. It does not change the employment-discharge rules.
• Failed: 2025 HB 1244 and 2026 HB 1266, which would have made certain federal laws applicable to public employees, were both deferred to the 41st legislative day.

Practical steps after a firing in South Dakota

Write down the dates, who said what, and the reason you were given, and keep copies of reviews, messages and pay records. Note the 180-day state deadline first, and remember that the state charge must be notarized.

If the employer offers money for a release, read it before signing: a release can give up the claims described here. Our South Dakota severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing a claim.

Related

• Wrongful termination laws by state
• South Dakota at-will employment laws
• South Dakota workers' compensation laws
• South Dakota whistleblower laws
• South Dakota severance pay laws

Disclaimer: This article provides general legal information about South Dakota wrongful termination law (the Human Relations Act, SDCL chapter 20-13; SDCL 60-4-4, 60-4-11, 60-4-12, 62-1-16 and related statutes; and South Dakota Supreme Court decisions) and the federal laws that apply in South Dakota. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the South Dakota Division of Human Rights, the EEOC, a legal aid office or a lawyer licensed in South Dakota.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in South Dakota?

Only when the firing broke a specific law, such as the Human Relations Act (SDCL 20-13-10) or SDCL 62-1-16, or you were fired for refusing to commit a criminal or unlawful act (Johnson v. Kreiser's, 1988). For a discrimination claim, you must file a state charge first.

How long do I have to file a discrimination charge in South Dakota?

180 days after the discriminatory practice, and the charge must be notarized (SDCL 20-13-31; Division of Human Rights guide). The EEOC gives 300 days for Title VII and ADA charges against employers with 15 or more employees.

Does South Dakota law protect against age discrimination?

No. SDCL 20-13-10 does not list age. Age claims go to the EEOC under the federal ADEA, which covers employers with 20 or more employees; file within 180 days, because the EEOC extends the age deadline to 300 days only where a state age-discrimination law exists, and South Dakota has none.

Does South Dakota's discrimination law cover small employers?

Yes. SDCL 20-13-1(7) defines an employer as any person in South Dakota who employs any employee, with no minimum headcount. Federal Title VII and the ADA start at 15 employees.

Is sexual orientation or gender identity protected from firing in South Dakota?

The state Human Relations Act does not list them. Federal Title VII covers them at employers with 15 or more employees under Bostock v. Clayton County (2020), with a 300-day EEOC charge deadline.

How do I take a South Dakota discrimination case to court?

After the Commission issues a notice requiring the employer to answer the charge, either side may elect a civil action within 20 days, and the suit must be filed within one year, counted from the date of the written notice of the election (SDCL 20-13-35.1).

Can I get punitive damages for a discriminatory firing in South Dakota?

Not under the state discharge section: SDCL 20-13-35.1 allows punitive damages for reprisal under 20-13-26 and certain housing sections, not for 20-13-10. A court may award compensatory damages, and federal law allows capped punitive damages (42 U.S.C. 1981a(b)(3)).

Is it illegal to fire someone for filing workers' comp in South Dakota?

Yes. SDCL 62-1-16 makes an employer civilly liable for wrongful discharge if it fires an employee in retaliation for filing a lawful workers' compensation claim; the employee carries the burden of proof.

Does South Dakota recognize a breach of good faith claim for firing?

No. Breen v. Dakota Gear & Joint Co. (1988) held that a covenant of good faith and fair dealing is not implied in employment relationships under South Dakota law.