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.
S.D. Codified Laws § 62-1-16
Employer civilly liable for retaliatory termination of employee--Burden of proof
Applied in 1 court decision — leading case Matta v. Dakota Provisions (2024)
Most recently applied in Matta v. Dakota Provisions (December 2024)
Source: SL 1999, ch 262, § 12.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.