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South Dakota Wrongful Termination Lawyers

Joel Rische avatar
Joel Rische is a litigation attorney at Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD. Joel joined the firm in 2015 and is originally from Wessingto...
Anthony Hohn avatar
Anthony Hohn is a litigation attorney at Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD. A Sioux Falls native, Anthony joined the firm in 2008 as a m...
Kristi Geisler Holm avatar
Kristi has been with Davenport Evans since 1995. Her practice is focused upon representing employers and insurers in all stages of workers’ compensation and emp...
Scott Abdallah avatar
Scott Abdallah is the managing partner of Johnson Janklow Abdallah, LLP. His practice is focused almost exclusively in the area of trial work and civil litigati...

How can you tell if you've been wrongly terminated from your job? A majority of employment is "at will," meaning an employee can be fired for any legal reason. You may be able to maintain your job or sue your former employer for unjust termination if you take certain legal steps with the help of a lawyer for Wrongful Termination in South Dakota.

What is a Wrongful Termination Lawyer?

An experienced South Dakota wrongful termination attorney near you will provide legal advice and advocate on your behalf. Their job is to gather evidence and present your case to the court. Wrongful termination cases are twice as likely to succeed with an attorney's help. Only 30 percent of clients who conducted their own claims received a settlement or award.

What Does a Wrongful Termination Attorney Do?

Attorneys near you were also able to influence clients' settlements. Settlements or awards averaged $48,800 for clients, compared to $19,200 for unrepresented plaintiffs.

These survey results make sense, given the way wrongful termination attorneys work. They will help you gather strong evidence, know how to negotiate with employers, and know the legal system well. A lawyer can also help you get a higher settlement offer from your employer.

When to Hire a Wrongful Termination Lawyer in South Dakota?

If you believe your termination may have been due to illegal reasons, you should consult an employment lawyer. A legal professional can review the facts and determine if you are eligible for a severance package settlement or if you should file administrative charges or a lawsuit against the employer. Your lawyer can let you know if you have a strong case and what your options are.

It's particularly important to consult with a lawyer when asked to sign a waiver or release of claims, which gives up your right to sue the employer. Once employees sign these documents, they are nearly impossible to reverse. Always consult a lawyer before signing anything.

Some of the following situations are not legal in every city and all states, and you should seek legal counsel:

  • A statement or action you made suggests you were fired illegally on account of discrimination.
  • The disclosure of a protected characteristic (such as a disability or pregnancy) has recently taken place.
  • You recently reported a workplace infraction, such as improper work practices or workplace hazards.
  • You recently filed a complaint alleging discrimination.
  • Due to the fact that you were the only woman or the only person of color in your department, you were wrongfully fired.
  • You recently exercised your legal rights, such as voting or taking a leave of absence.
  • You are just about to receive benefits from your vested stock or retirement funds.
  • You are protected by employment contracts from being fired by your employer.

You may be fired in violation of federal law, depending on the situation. If you need assistance sorting out the facts, deciding how to proceed, and determining how to proceed, you can consult a lawyer.

How to Find a Lawyer for Wrongful Termination?

There are several ways to find a law firm that specializes in wrongful termination. Check with your local legal aid clinic or state bar association, or ask friends or family if they know anyone. Online referral websites are also a good resource. Just be sure to read reviews and ask lots of questions once you get to the consultation process.

How Do I Choose a Wrongful Termination Attorney in South Dakota?

Consider the following factors when contacting and selecting an unlawful termination lawyer:

Instincts

Are you comfortable sharing personal information with the lawyer? How do you feel when you speak with the lawyer?

Qualifications and Experience

How long has the lawyer been practicing employment law? Is the attorney experienced in wrongful dismissal litigation?

Reputation

You can ask for referrals and about the success of their past clients. Ask the lawyer if he or she has experience in a trial. You'll be surprised to find out how many lawyers haven't tried cases.

Fees

Ask directly about consultation fees and fees associated with your case, such as court fees and calling in experts. Are the attorney's fees within your budget?

How Much is the Wrongful Termination Lawyer Average Cost South Dakota?

Depending on your case, the best wrongful termination lawyer in South Dakota may handle your wrongful termination lawsuit on a contingency basis. If you lose, there are no legal fees, but if you win, the lawyer will take between 30-40 percent. Plaintiffs in many wrongful termination lawsuits agree to pay a certain amount regardless of whether they win.

A wrongful termination attorney may charge $100-$500 or more per hour. If you are not able to find an attorney to handle your wrongful termination suit on a contingency or partial contingency basis, there is a good chance that your case is weak (or that there is not enough money involved to justify the time and expense involved).

If you cannot afford an attorney, Legal Aid or other organizations may be able to help. Most bar associations have lists of legal resources. You can seek compensation for wrongful termination by contacting the labor department of your state.

How Much Is A Wrongful Termination Case Worth?

Your case will depend on the strength and damages you have suffered, as well as the ability of your employer to pay. During a free consultation, most attorneys can better estimate the possible outcomes of a wrongful termination case.

Do Wrongful Termination Attorneys Usually Charge for Consultations?

In an initial consultation, an experienced lawyer for wrongful termination near you will discuss the fees that they may charge. Attorneys in your area may charge hourly fees, flat fees, or contingency fees. It is best to discuss a fee arrangement with an attorney during the consultation, especially if the fee will greatly influence your decision to hire the attorney.

Frequently Asked Questions

Can You Be Fired Without a Written Warning?

It may be possible to dismiss even a first-time offender without any previous warning, but that will depend on the severity of the offense and the circumstances under which it occurred.

Are Employers Required to Explain Why They Fired You?

Generally, an employer does not have to tell an employee why he or she was fired, as it is not required by law. Nevertheless, an explanation may be a requirement in an employment agreement.

Does Wrongful Termination Exist in All States?

The implied contract exception is found in 36 states plus Washington, D.C. The states that do not have it are Arizona, Delaware, Florida, Georgia, Indiana, Louisiana, Massachusetts, Missouri, Montana, North Carolina, Pennsylvania, Rhode Island, Texas, and Virginia.