South Dakota Codified Laws 62-1-16. Employer civilly liable for retaliatory termination of employee–Burden of proof
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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 to prove the dismissal was in retaliation for filing a workers’ compensation claim.
Terms Used In South Dakota Codified Laws 62-1-16
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- employer: includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. See South Dakota Codified Laws 62-1-2
Source: SL 1999, ch 262, § 12.