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Can an employee in South Dakota be asked to resign or be terminated

 
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Can an employee in South Dakota be asked to resign or be terminated during a workmen's comp medical leave?

 

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State/Country relating to Question: South Dakota

Submitted: 467 days and 12 hours ago.
Category: Employment Law
Value: $42
Status: CLOSED
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Expert:  Tina replied467 days and 11 hours ago.

Hello and welcome,

It is typically illegal for an employer to terminate an employee for filing a workers comp claim.

If the employer terminates or requests the employee to resign for other legitimate reasons, that would not normally be a violation of law. However, the burden would normally be on the employer to prove they would have terminated the employee (or asked them to resign) even if the employee had not filed a workers comp claim.


Here is a link that provides more information (see "at will employment" heading):

http://www.lawforchange.org/NewsBot.asp?MODE=VIEW&ID=3090


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