An employee who is guilty of willful and wanton misconduct is liable to the employer for the damage thereby caused to the employer. The employer is liable to the employee if the service is not gratuitous, for the value of the service only as is properly rendered.
S.D. Codified Laws § 60-2-16
Responsibility to employer for misconduct
Applied in 1 court decision — leading case Bushman v. Pure Plant Food International, Ltd. (1983)
Most recently applied in Bushman v. Pure Plant Food International, Ltd. (March 1983)
Source: CivC 1877, § 1147; CL 1887, § 3770; RCivC 1903, § 1466; RC 1919, § 1090; SDC 1939, § 17.0313; SL 2008, ch 276, § 21.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.