Wrongful Termination in South Dakota
Reviewed by DocDraft Legal Team - South Dakota - Last updated November 12, 2026
Wrongful termination in South Dakota starts from the statutory rule that South Dakota is an employment-at-will state, with narrow exceptions such as retaliation for filing a lawful workers' compensation claim. Human Relations Act charges must be filed with the Division of Human Rights within one hundred eighty days after the alleged practice, and the act's definition of employer has no minimum number of employees. South Dakota courts require a Human Relations Act claim to start with the Division; no later than twenty days after the notice requiring the employer to answer the charge, either side may elect to go to court, and the civil action must then be filed within one year of that election. Final wages are due by the next regular stated payday, or as soon after as the employee returns employer property.
Find out where you stand in South Dakota
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What counts as wrongful termination in South Dakota?
South Dakota is an employment-at-will state under SDCL 60-4-4, and its courts recognize only narrow exceptions. Statutes add protections: an employer is civilly liable for terminating an employee in retaliation for filing a lawful workers' compensation claim, and the Human Relations Act bars discrimination.
Where do you file a discrimination complaint in South Dakota, and by when?
File a charge with the South Dakota Division of Human Rights within one hundred eighty days after the alleged discriminatory or unfair practice. The act's definition of employer sets no minimum number of employees. EEOC charges (15+ employees) are due within 300 days from the date of harm; confirm the age deadline with the EEOC.
How long do you have to sue for wrongful termination in South Dakota?
South Dakota courts require a Human Relations Act claim to be filed with the Division first. No later than twenty days after the notice requiring the employer to answer the charge, either side may elect to go to court; the civil action must then be filed within one year of that election (SDCL 20-13-35.1).
When is your final paycheck due after being fired in South Dakota?
When an employer separates an employee from the payroll, the unpaid wages are due not later than the next regular stated payday, or as soon after as the employee returns any employer property (SDCL 60-11-10). If it is late, put your request in writing and keep a copy.
South Dakota wrongful termination rules
South Dakota writes at-will employment into statute and sends discrimination claims to the agency first. SDCL 60-4-4 makes South Dakota an employment-at-will state, and its courts refrain from adopting new exceptions absent a clearly articulable reason. Human Relations Act charges must be filed with the Division of Human Rights within one hundred eighty days after the alleged practice, and the act's definition of employer sets no minimum employee count. South Dakota courts require the Division filing before any circuit-court case, an election to proceed in court must come no later than twenty days after the notice requiring the employer to answer, and the civil action must then be filed within one year. The EEOC's Minneapolis office gives 300 days for most federal charges against employers with 15 or more employees; confirm the age-charge deadline with the EEOC. An employer is civilly liable for firing an employee in retaliation for a lawful workers' compensation claim.
Relevant Laws
SDCL 20-13-31 (charge deadline)
Any charge must be filed within one hundred eighty days after the alleged practice.
SDCL 20-13-35.1 (civil action)
The election to proceed in court must come no later than 20 days after the notice to answer the charge; the civil action is then due within one year of the election.
SDCL 62-1-16 (workers' compensation retaliation)
An employer is civilly liable for terminating an employee in retaliation for a lawful workers' compensation claim.
SDCL 60-11-10 (final wages)
Unpaid wages are due not later than the next regular stated payday, or as soon after as the employee returns employer property.
Regional Variances
South Dakota wrongful termination rules
At-will status
At-will by statute (SDCL 60-4-4).
Recognized exceptions
Narrow public-policy exceptions, retaliation for a lawful workers' compensation claim (SDCL 62-1-16), and Human Relations Act claims.
State agency and law
South Dakota Division of Human Rights; Human Relations Act of 1972, SDCL ch. 20-13.
Agency filing deadline
Within one hundred eighty days after the alleged practice (SDCL 20-13-31).
EEOC charge deadline
300 days from the date of harm (EEOC Minneapolis office), for employers with 15 or more employees; confirm the age-charge deadline with the EEOC.
Employer size covered
No minimum number of employees in the definition of employer (SDCL 20-13-1).
Whistleblower and retaliation law
SDCL 62-1-16 (workers' compensation retaliation); SDCL 20-13-26 (reprisal).
Deadline to sue
Division first; election to proceed in court no later than twenty days after the notice to answer the charge; civil action within one year of the election (SDCL 20-13-35.1).
Final paycheck
Not later than the next regular stated payday, or once employer property is returned (SDCL 60-11-10).
Suggested Compliance Checklist
Request your final pay in writing
Next regular stated payday days after startingSouth Dakota makes unpaid wages due by the next regular stated payday, or as soon after as you return employer property. If they are late, send a written request.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File with the Division of Human Rights
180 days after the practice days after startingFile within one hundred eighty days after the practice. An EEOC charge (15 or more employees) is due within 300 days; confirm the age deadline.
Elect court within 20 days, then sue within a year
20 days after the answer notice; 1 year days after startingElect to proceed in court no later than twenty days after the notice requiring the employer to answer the charge, then file within one year of the election.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | South Dakota makes unpaid wages due by the next regular stated payday, or as soon after as you return employer property. If they are late, send a written request. | final-paycheck-demand-letter | Next regular stated payday |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File with the Division of Human Rights | File within one hundred eighty days after the practice. An EEOC charge (15 or more employees) is due within 300 days; confirm the age deadline. | - | 180 days after the practice |
| Elect court within 20 days, then sue within a year | Elect to proceed in court no later than twenty days after the notice requiring the employer to answer the charge, then file within one year of the election. | - | 20 days after the answer notice; 1 year |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
Other South Dakota guides
Adult Guardianship in South Dakota
Adverse Possession in South Dakota: Twenty Years, or Ten If You Paid the Taxes
Asset Protection Planning in South Dakota (2026)
Dealing With Debt Collectors in South Dakota (2026)
Delinquent Property Taxes in South Dakota: Year Three Opens the Door, a Filed Affidavit Closes It
Expunging a Criminal Record in South Dakota (2026)
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