Skip to content

Fired For A Comp Claim

SDCL § 62-1-16 — an employer who fires in retaliation for a lawful claim is liable for wrongful discharge

An employer is civilly liable for wrongful discharge if it fires an employee in retaliation for filing a lawful workers' compensation claim.

  • SDCL § 62-1-16
Email

Who proves it. The employee carries the burden of proving the firing was retaliation for the claim.

  • SDCL § 62-1-16

A particular firing is a question for a licensed South Dakota attorney.

  • SDCL § 62-1-16
Sources for this section (1)
  1. SDCL § 62-1-16 — Employer civilly liable for retaliatory termination of employee; Burden of proof

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.