What is a South Dakota Employment Contract?
A South Dakota employment contract is a legally binding contract entered into by an employer and an employee. The purpose of the contract is to negotiate the terms of employment for the new employee and provide protections for both parties.
Common employment issues that are included in an employment contract:
- Job title and duties
- Salary
- Benefits like health insurance and retirement packages
- Causes for termination
- Company procedures and policies
Are Employment Contracts Enforceable in South Dakota?
Employment contracts are enforceable in South Dakota and are governed by the South Dakota labor and employment laws. Employment contracts that violate any laws or public policies will not be enforced.
South Dakota is one of the few states that regularly upholds non-compete agreements and other restrictive clauses within employment contracts. If the non-compete is reasonable and abides by all applicable laws, it will most likely be enforced.
What Are the Legal Requirements for South Dakota Employment Contracts?
The legal requirements for South Dakota employment contracts are governed by South Dakota contract law. Both written and oral employment contracts can be enforced.
The only exception to oral employment contracts is the statute of frauds. This statute requires that a contract that cannot be performed in one year must be in writing. Most employment contracts will have a term of over one year meaning that most employment contracts need to be in writing to be legally enforceable.
Types of South Dakota Employment Contracts
There are several types of employment contracts that may be used in South Dakota including:
- Permanent employment agreement. Most used for permanent employees who will have set hours, compensation, and no end date for employment.
- Non-disclosure agreement. Prevents the employee from disclosing confidential company information and trade secrets after employment.
- Non-compete agreement. Prevents the employee from competing with the employer in the same industry by starting a new business or working for a competitor.
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Meet some of our South Dakota Employment Contract Lawyers
November 11, 2022
Nicole P.
Attorney Nicole B. Phillips is a northwestern Iowa native and devotes her practice to the area of Family Law. She is an experienced trial attorney with over 12 years of family law experience. Nicole graduated from The University of South Dakota with a degree in Criminal Justice, and attended Oklahoma City University School of Law to obtain her law degree. Prior to establishing Phillips Law Firm, P.C., Nicole built her first successful law practice in Oklahoma City, Oklahoma, where she focused on Family Law, Estate Planning and Personal Injury Law, and her second successful law practice in Sherman, Texas, focusing primarily on Family Law. Nicole has one daughter, Arabella. In addition to enjoying time with her daughter, Nicole enjoys reading, family dinners, traveling, spending time with friends, and game nights.
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Damien B.
My legal coverage includes Business Law, Commercial Litigation, Appeals and Trusts & Estates. I also handle Trademark applications and issues. I am a designated FINRA (Financial Industry Regulatory Authority) arbitrator. I have done pro bono work in the Federal Court mediation program. I have worked for companies as a legal writer, editor and content provider. I have written legal articles for the New York Law Journal and the New York State Bar Association magazine. I was a guest lecturer at New York University on the First Amendment in the M.S. program of Public Relations and Corporate Communication program for the course Communication Ethics, Law and Regulation (Adjunct Professor Douglas Rozman). I graduated from Harvard University with an MPA, from Brooklyn Law School with a JD where I was a Richardson Merit Scholar; and Carnegie Mellon University with a BS, cum laude, concentrating in Administration and Management Science, Mathematics and Economics.
Elizabeth A.
I represent business and consumer clients to help them address the range of legal issues that concern them including business contractual disputes, debt litigation, and related matters.
October 1, 2023
Brittany B.
I am a tax attorney with years of experience as in house counsel at an accounting firm. I have also done tax litigation and audit representation. I work with for profits and non profits.
October 1, 2023
Lynette P.
I am licensed in both Texas and Arkansas but actively working in Arkansas. My primary focus is criminal defense, family law, and estate planning (wills and trusts).
October 2, 2023
Matthew W.
I represent startups, investment firms, and individuals frequently with equity and debt financing, M&A transactions, and commercial contracts.
October 3, 2023
Nicole Y.
Nicole Yñigo is an accomplished attorney with over nine years of experience in the legal field. Raised in Miami, she obtained her education from the School for Advanced Studies, Florida International University, and St. Thomas University School of Law. Nicole is dedicated to helping her clients achieve their legal goals and has built a strong reputation for providing personalized and effective legal representation. She has worked with various law firms and insurance companies on both Plaintiff and Defense matters. Nicole is the founder of The Ynigo Legal Group, where she offers compassionate and competent legal counsel in a direct and practical approach.
Estate Planning
Employment Contract
Florida
What's vacation time in an employment contract?
I recently accepted a new job and I was provided an employment contract to review. In the contract, there is a section about vacation time, but it is not very clear. I'm trying to understand what vacation time is included in the contract and what the expectations are for taking time off. I want to make sure I have a clear understanding of my rights and responsibilities regarding vacation time before I sign the contract.
Diane D.
You can create your own will. However, having an attorney draft it for you will ensure that your wishes are carried out in all circumstances. Doing it yourself without having any experience may cause many problems after your demise.
Arbitration
Employment Contract
California
What's the arbitration agreement in an employment contract?
I am currently in the process of negotiating an employment contract with a new employer. I am concerned about the arbitration agreement in the contract, as I am not sure what it is or how it could affect me in the future. I want to make sure that I understand the implications of the arbitration agreement before signing the contract.
Gagandeep K.
An arbitration agreement is a legally binding contract between two parties or more so in this case between you and the employer. In the Arbitration Agreement both parties agree to use alternative dispute resolution (e.g., mediation, settlement conferences, neutral evaluation, arbitration) rather than pursuing civil court litigation in case a dispute arises. The Arbitration Agreement typically describes the scope of the disputes covered as well as the process, procedure and other requirements related to arbitration. You can read more about Arbitration Agreement here https://www.contractscounsel.com/t/us/arbitration-agreement.
Employment
Employment Contract
Colorado
Are employment contracts confidential?
I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.
Donya G.
Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon
Litigation
Employment Contract
Texas
What's the termination clause in an employment contract?
I recently accepted a position at a company and they have given me an employment contract to review. I have been reading through the contract and noticed a section regarding termination. However, I am not sure what the termination clause in the contract states and I am hoping to get some clarification from a lawyer. I want to make sure that I understand my rights and obligations before signing the contract.
Curt L.
Most employment contracts contain (1) termination for cause, and/or (2) termination without cause (also known as at-will employment relationship).
Employment
Employment Contract
California
What is fixed term employment contract?
I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?
Christopher M.
Generally a fix term employment contract differs from a genera employment contract in that it has an end date. For example, at-will contracts continue until you are fired or quit, while a fixed term contract only continues until the term expires. The main points to look at would be what they are classifying you as (employee vs contractor), the length of the term (so you know when the contract is up), and how to renew the contract or if there is an automatic renewal. It would also be good to double check the contract for termination clauses, as quitting may be more complicated under a fixed term contract. Ultimately, as with all contract matters it’s probably best to reach out to an attorney to review the document to get more specific answers to your concerns.
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