Employment Law Questions? Ask an Employment Lawyer.
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I'm very sorry to hear about what happened to you. I can tell you love your job and that what happened wasn't right. I wish I had better news for you - but you deserve to know what the law says -and telling you less than the truth would be unfair to you, and unethical of me.South Dakota, like most every state, is an "at will" employer. This means that in the absence of an employment contract or union agreement (which typically give employees more rights) you may be terminated at any time, for any reason, with or without cause, so long as you aren't terminated for an unlawful reason -such as because of your race, religion, age (if over 40) sex, disability or national origin, or because of public policy (e.g., you can't be fired because you filed a worker's compensation claim or because you refused to do something illegal).So, even though your employer was very likely just protecting themselves against the remote possibility that something happened and didn't necessarily investigate the way they should have, it doesn't matter. An at will employee can be terminated for ANY reason - because the Cubs won the World Series, because it's winter and getting cold out, or just because they feel like it.Now, you can bring a lawsuit against your accuser for defamation of character for making a false claim against you and costing you your job, but regrettably, the employer was acting within their rights.I'm sorry the news couldn't be more positive.If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!
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