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7 South Dakota opinions name it 1 courts 1988–2024 1 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Johnson v. Kreiser's, Inc.green2 sentences1993SDCL 60-4-4; Breen v. Dakota Gear & Joint Co., Inc., 433 N.W.2d 221 (S.D.1988); Larson v. Kreiser’s, Inc., 427 N.W.2d 833 (S.D.1988); In Johnson v. Kreiser's, Inc. 433 N.W.2d 225, 227 (S.D.1988), this Court held that "a contract action for wrongful discharge is more appropriate than a tort action.” This Court has consistently refused to adopt a tort based cause of action for wrongful termination as an exception to the at-will doctrine. 1989And in Johnson v. Kreiser’s, Inc., 433 N.W.2d 225 (S.D.1988), we adopted a narrow public policy exception to the at-will doctrine: an employee has a cause of action for wrongful discharge when the employer discharges him in retaliation for his refusal to commit a criminal or unlawful act. | 2 | 3 |
Meyers v. American States Insurancegreen1 sentence2018In the district court’s view, the specific language of the peer review policy and the described procedures contained no disclaimers against waiving the at-will doctrine and instead gave the employees the option of using a review process to review “termination actions to ensure that a policy or practice was applied properly and consistently[.]” Id.; accord Meyers, 926 F. Supp. at 913 (reduction in staff section within manual created mandatory procedures the employer agreed to follow). -25- #28200 [¶57.] Regional Health’s employee handbook contains a section titled, “Fair Treatment/Grievance Pro | 1 | 1 |
Merritt v. Edson Express, Inc.green1 sentence1993See e.g., Merritt v. Edson Exp., Inc., 437 N.W.2d 528 (S.D.1989). 19 Second, Bass alleged that Happy Rest failed to provide worker’s compensation insurance or benefits. | 1 | 1 |
Ivan Stedillie v. American Colloid Company, a Delaware Corporation, Monte Talkington v. American Colloid Company, a Delaware Corporationgreen1 sentence1993Ass’n, 450 N.W.2d 426 (S.D.1990), where a discharge question was dealt with as a breach of contract and Stedillie v. American Colloid Co., 967 F.2d 274, 276 (8th Cir.1992), where Judge McMillian (with Judge Wollman concurring) called exceptions to the at-will doctrine "contract based.” The corporate veil protects officers and shareholders from personal liability for contractual actions for wrongful termination. 6 . | 1 | 1 |
Wangen v. Knudsongreen1 sentence1993See Wangen v. Knudson, 428 N.W.2d 242 (S.D.1988), where defendant told an employee that the employee was fired when the employee actually was not fired. | 1 | 1 |
Phipps v. Clark Oil & Refining Corp.green2 sentences1988Phipps, 396 N.W.2d at 591 (footnote 2). 1988Phipps, 396 N.W.2d at 591 (footnote 2). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Osterkamp v. Alkota Manufacturing, Inc.
green
2 sentences1989In Osterkamp v. Alkota Mfg., Inc., 332 N.W.2d 275 (S.D.1983), this court upheld a verdict for the plaintiff in a wrongful discharge action when the employer failed to follow its own termination rules set forth in the employee handbook. 1989In Osterkamp v. Alkota Mfg., Inc., 332 N.W.2d 275 (S.D.1983), this court upheld a verdict for the plaintiff in a wrongful discharge action when the employer failed to follow its own termination rules set forth in the employee handbook. | 2 | 1988–1989 |
Henning v. Avera McKennan
green
2 sentences2024We refrain from adopting new exceptions to the at-will employment doctrine absent a clearly articulable reason for doing so because “adopting unfounded public policy exceptions ‘would eviscerate the at-will doctrine in favor of judicial management of employee/management relations.’” Henning, 2020 S.D. 34, ¶ 18 , 945 N.W.2d at 531 -12- #30478 (quoting Harvey v. Reg’l Health Network, Inc., 2018 S.D. 3 , ¶ 50, 906 N.W.2d 382 , 397). 2024We refrain from adopting new exceptions to the at-will employment doctrine absent a clearly articulable reason for doing so because “adopting unfounded public policy exceptions ‘would eviscerate the at-will doctrine in favor of judicial management of employee/management relations.’” Henning, 2020 S.D. 34, ¶ 18 , 945 N.W.2d at 531 -12- #30478 (quoting Harvey v. Reg’l Health Network, Inc., 2018 S.D. 3 , ¶ 50, 906 N.W.2d 382 , 397). | 1 | 2024–2024 |
Blaha v. Stuard
green
1 sentence2018Negligent Infliction of Emotional Distress [¶51.] In Blaha v. Stuard, we recognized that the first element in a claim of negligent infliction of emotional distress is that the defendant engaged in negligent conduct. 2002 S.D. 19 , ¶ 19, 640 N.W.2d 85, 90 . | 1 | 2018–2018 |
Peterson v. Glory House of Sioux Falls
green
1 sentence1993Peterson v. Glory House of Sioux Falls, 443 N.W.2d 653 (S.D.1989). | 1 | 1993–1993 |
Larson v. Kreiser's, Inc.
green
2 sentences1993SDCL 60-4-4; Breen v. Dakota Gear & Joint Co., Inc., 433 N.W.2d 221 (S.D.1988); Larson v. Kreiser’s, Inc., 427 N.W.2d 833 (S.D.1988); In Johnson v. Kreiser's, Inc. 433 N.W.2d 225, 227 (S.D.1988), this Court held that "a contract action for wrongful discharge is more appropriate than a tort action.” This Court has consistently refused to adopt a tort based cause of action for wrongful termination as an exception to the at-will doctrine. 1993SDCL 60-4-4; Breen v. Dakota Gear & Joint Co., Inc., 433 N.W.2d 221 (S.D.1988); Larson v. Kreiser’s, Inc., 427 N.W.2d 833 (S.D.1988); In Johnson v. Kreiser's, Inc. 433 N.W.2d 225, 227 (S.D.1988), this Court held that "a contract action for wrongful discharge is more appropriate than a tort action.” This Court has consistently refused to adopt a tort based cause of action for wrongful termination as an exception to the at-will doctrine. | 1 | 1993–1993 |
Breen v. Dakota Gear & Joint Co., Inc.
green
2 sentences1993SDCL 60-4-4; Breen v. Dakota Gear & Joint Co., Inc., 433 N.W.2d 221 (S.D.1988); Larson v. Kreiser’s, Inc., 427 N.W.2d 833 (S.D.1988); In Johnson v. Kreiser's, Inc. 433 N.W.2d 225, 227 (S.D.1988), this Court held that "a contract action for wrongful discharge is more appropriate than a tort action.” This Court has consistently refused to adopt a tort based cause of action for wrongful termination as an exception to the at-will doctrine. 1993SDCL 60-4-4; Breen v. Dakota Gear & Joint Co., Inc., 433 N.W.2d 221 (S.D.1988); Larson v. Kreiser’s, Inc., 427 N.W.2d 833 (S.D.1988); In Johnson v. Kreiser's, Inc. 433 N.W.2d 225, 227 (S.D.1988), this Court held that "a contract action for wrongful discharge is more appropriate than a tort action.” This Court has consistently refused to adopt a tort based cause of action for wrongful termination as an exception to the at-will doctrine. | 1 | 1993–1993 |
Dirks v. Sioux Valley Empire Electric Ass'n
green
1 sentence1993Ass’n, 450 N.W.2d 426 (S.D.1990), where a discharge question was dealt with as a breach of contract and Stedillie v. American Colloid Co., 967 F.2d 274, 276 (8th Cir.1992), where Judge McMillian (with Judge Wollman concurring) called exceptions to the at-will doctrine "contract based.” The corporate veil protects officers and shareholders from personal liability for contractual actions for wrongful termination. 6 . | 1 | 1993–1993 |
O'NEILL v. ARA Services, Inc.
green
2 sentences1988While recognizing the at-will doctrine, the court held that the employee’s complaint should not be dismissed without giving him an opportunity to prove at trial the existence of facts and circumstances which may show a definite employment contract. 457 F.Supp. at 186 . 1988While recognizing the at-will doctrine, the court held that the employee's complaint should not be dismissed without giving him an opportunity to prove at trial the existence of facts and circumstances which may show a definite employment contract. 457 F.Supp. at 186 . | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.