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Home » US Law » 2022 South Dakota Codified Laws » Title 62 - Workers' Compensation » Chapter 01 - Definitions And General Provisions » Section 62-1-16 – Employer civilly liable for retaliatory termination of employee–Burden of proof.

62-1-16. Employer civilly liable for retaliatory termination of employee–Burden of proof.

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.

Source: SL 1999, ch 262, §12.