WRONGFUL TERMINATION DEMAND LETTER

South Dakota Law

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, State ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[South Dakota State Bar No.]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Re: Wrongful Termination of [Client Full Name]
Former Position: [Job Title]
Dates of Employment: [Start Date] through [Termination Date]
CONFIDENTIAL SETTLEMENT COMMUNICATION - SDCL 19-19-408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] wrongful termination from employment with [Company Legal Name] ("[Company Short Name]") on [Termination Date]. Please direct all further communications to our office.

We write to demand immediate action to remedy the unlawful termination and to resolve this matter short of litigation. [Company Short Name]'s termination of our client violates South Dakota law and exposes the Company to substantial liability.

I. SOUTH DAKOTA EMPLOYMENT LAW FRAMEWORK

A. At-Will Employment and Its Exceptions

South Dakota strongly adheres to the employment-at-will doctrine. SDCL 60-4-4 provides that employment without a specified term is at-will. However, limited exceptions exist:

1. Public Policy Exception

South Dakota recognizes a very narrow public policy exception. See Johnson v. Kreiser's, Inc., 433 N.W.2d 225 (S.D. 1988).

The exception is limited to situations where:
- Termination violates express statutory policy
- Employee refuses to commit an illegal act
- Employee exercises a specific statutory right

2. Workers' Compensation Retaliation

SDCL 62-8-48 prohibits retaliation for filing workers' compensation claims.

3. Contractual Exceptions

South Dakota recognizes express contracts that modify at-will status.

B. Key South Dakota Statutes

South Dakota Human Relations Act (SDCL 20-13-1 et seq.)
- Prohibits discrimination based on race, color, creed, religion, sex, ancestry, disability, national origin
- Covers employers with one or more employees (age: 15+)
- 180-day filing deadline with SDDHR

Workers' Compensation Retaliation (SDCL 62-8-48)
- Prohibits discharge for filing workers' compensation claim
- Provides for civil action

Wage Payment and Collection Act (SDCL 60-11-1 et seq.)
- Protects employees who seek to enforce wage rights

II. FACTUAL BACKGROUND

A. Employment History

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [Termination Date] as a [Job Title] in [City], South Dakota.

Employment Summary:

Our client was a dedicated employee with an excellent performance record:
- [Describe positive performance history]
- [Describe promotions, raises, commendations]
- [Describe any relevant achievements]

B. The Protected Activity / Triggering Event

On or about [Date], our client [describe protected activity]:

• Refused to violate South Dakota or federal law by [describe illegal act requested]
• Filed a workers' compensation claim under SDCL 62-8-48
• Filed a complaint with the South Dakota Division of Human Rights
• Exercised rights under [specific statute]
• [Other protected activity]

C. The Wrongful Termination

On [Termination Date], [Company Short Name] terminated our client, purportedly for [stated reason]. This stated reason is pretextual, as evidenced by:

1. Temporal proximity: The termination occurred just [X days/weeks] after the protected activity
2. Prior positive treatment: Our client had [no prior discipline / positive reviews / recent promotion]
3. Disparate treatment: Similarly situated employees who did not engage in protected activity were [not terminated / treated more favorably]
4. Shifting explanations: [Describe any inconsistent reasons given]
5. Direct evidence: [Describe any statements indicating true motive]

III. LEGAL CLAIMS UNDER SOUTH DAKOTA LAW

A. Retaliatory Discharge - Workers' Compensation (SDCL 62-8-48)

[If applicable:] South Dakota Codified Law 62-8-48 provides:

"No employer may discharge an employee solely because the employee has suffered a compensable injury while working for the employer, has filed for workers' compensation benefits, or has testified in any workers' compensation claim or appeal."

Our client filed a workers' compensation claim on [Date] for [injury]. [Company Short Name] terminated our client in retaliation for exercising this statutory right.

Remedies:
- Actual damages
- Reinstatement
- Back pay
- Court costs

B. Wrongful Termination in Violation of Public Policy

[Company Short Name] terminated our client in violation of South Dakota's public policy against [describe the public policy violated]:

Source of Public Policy: [Cite South Dakota statute, constitutional provision, or court decision]

Under Johnson v. Kreiser's, Inc., 433 N.W.2d 225 (S.D. 1988), South Dakota recognizes a narrow cause of action when an employee is terminated for:
- Refusing to commit an illegal act
- Exercising a specific statutory right
- Complying with a statutory duty

Note: South Dakota's public policy exception is very narrow and requires clear statutory basis.

C. Violation of South Dakota Human Relations Act (SDCL 20-13-1 et seq.)

[If applicable:] [Company Short Name]'s termination was motivated by discrimination based on [protected characteristic].

The Human Relations Act prohibits employment discrimination based on race, color, creed, religion, sex, ancestry, disability, and national origin.

Remedies:
- Back pay
- Compensatory damages
- Injunctive relief
- Reasonable attorney's fees

D. Breach of Express Contract

[If applicable:] [Company Short Name] breached an express contract regarding terms and conditions of employment.

Evidence of contract:
- Written employment agreement stating [quote relevant language]
- Specific written promises regarding [describe terms]

IV. DAMAGES

A. Economic Damages

1. Back Pay

2. Lost Benefits

3. Front Pay

B. Compensatory Damages (Non-Economic)

Our client has suffered severe emotional distress:
- [Describe anxiety, depression, humiliation]
- [Describe impact on health and relationships]
- [Describe medical treatment sought]

Emotional distress damages: $[Amount]

C. Punitive Damages

[Company Short Name]'s conduct was willful, malicious, and in conscious disregard of our client's rights.

Punitive damages: $[Amount]

D. Attorney's Fees

Under applicable South Dakota statutes, our client may be entitled to reasonable attorney's fees.

Estimated fees through trial: $[Amount]

E. Summary of Damages

V. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] in full settlement of all claims.

Additional Terms:
- Neutral reference (dates and position only)
- No contest to unemployment benefits
- Expungement of personnel file
- Mutual non-disparagement
- Confidentiality (terms to be negotiated)

VI. RESPONSE DEADLINE

Please respond within fourteen (14) calendar days, no later than [Response Deadline Date].

If we do not receive a satisfactory response, we are authorized to file suit in the [Circuit Court, [County] County, South Dakota / United States District Court for the District of South Dakota] without further notice.

Causes of Action:
1. Retaliatory Discharge in Violation of SDCL 62-8-48
2. Wrongful Termination in Violation of Public Policy
3. Violation of South Dakota Human Relations Act (SDCL 20-13-1 et seq.)
4. [Other claims as applicable]

VII. DOCUMENT PRESERVATION

Immediately implement a litigation hold to preserve all relevant documents and ESI regarding our client's employment, performance, and termination.

VIII. CONFIDENTIALITY

This letter is protected by South Dakota Rule of Evidence 408 (SDCL 19-19-408) and constitutes a confidential settlement communication.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[South Dakota State Bar No.]

Enclosures:
- Authorization to Represent

cc: [Client Name]
[File]

SOUTH DAKOTA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key South Dakota Considerations

• South Dakota is a strong at-will state with very limited exceptions
• Public policy exception is extremely narrow - requires clear statutory basis
• Workers' compensation retaliation is the strongest statutory claim
• Human Relations Act covers smaller employers (1+) than Title VII
• South Dakota Division of Human Rights handles discrimination claims
• 180-day filing deadline with SDDHR
• South Dakota is a deferral state - 300-day EEOC deadline
• Implied contract claims from handbooks rarely succeed
• Consider parallel federal claims for discrimination cases

Venue Options

• South Dakota Circuit Court (general jurisdiction)
• Federal Court (if federal claims or diversity jurisdiction)
• Administrative: SDDHR for discrimination claims

Statute of Limitations

Key South Dakota Cases

• Johnson v. Kreiser's, Inc., 433 N.W.2d 225 (S.D. 1988) (public policy exception)
• Dahl v. Combined Ins. Co., 621 N.W.2d 163 (S.D. 2001) (at-will employment)
• Northrop v. Louvre, Inc., 521 N.W.2d 404 (S.D. 1994) (handbook not contract)
• Nygaard v. Sioux Valley Hosps. & Health Sys., 731 N.W.2d 184 (S.D. 2007) (public policy scope)