Protected off-duty conduct
You cannot fire someone for using tobacco off your premises outside working hours, unless tied to a genuine job requirement or a conflict of interest. Full-time firefighters are excluded. Source: sdlegislature.gov↗ (opens in a new tab)
Penalties
No single state penalty; remedies depend on the claim. Source: ujs.sd.gov↗ (opens in a new tab)
The law and where to check
The law: SDCL § 60-4-4 (opens in a new tab)
The agency: South Dakota Department of Labor and Regulation (opens in a new tab)
What federal law says
Federal law does not set a general rule on at-will employment, but it bars firing for many reasons, including discrimination, retaliation for complaints, taking FMLA leave, military service and union activity. Source: U.S. Department of Labor↗ (opens in a new tab)
At-will employment exceptions checklist for South Dakota employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Say in your handbook and offer letters that employment is at will, and avoid promises of job security.
- Make sure handbook wording does not create a contract (add a clear disclaimer).
- Never fire someone for refusing to break the law, reporting wrongdoing, or using a legal right.
- Write down the real, lawful reason for each firing.
- Check federal and state anti-discrimination and leave laws before you act.
- Pay final wages on time; see our final paycheck guide for your state.
More South Dakota employment law guides
- All South Dakota employment laws
- South Dakota final paycheck law
- South Dakota paid sick leave law
- South Dakota meal and rest break laws
- South Dakota overtime law
- South Dakota pay frequency law
- South Dakota vacation and PTO payout law
- South Dakota new hire reporting
At-will employment exceptions laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
- https://ujs.sd.gov/media/jicdpbnt/24579.pdf
- https://ecf.ca8.uscourts.gov/opndir/09/05/082165P.pdf
- https://www.bls.gov/opub/mlr/2001/01/art1full.pdf
- https://sdlegislature.gov/api/Statutes/60-4-11.html?all=true
- https://sdlegislature.gov/api/Statutes/60-4-4.html?all=true
- https://dlr.sd.gov/employment_laws/termination.aspx
- https://www.dol.gov/general/topic/termination
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.