60-4-10. Discharge of employee--Concealment of misconduct.
An employer may discharge any employee, whether engaged for a fixed term or not, if, being employed about the person of the employer or in a confidential position, the employer discovers that the employee has been guilty of misconduct before or after the commencement of service of such a nature that, if the employer had known or contemplated it, the employer would not have employed the employee.
Source: CivC 1877, §1163, subdiv 2; CL 1887, §3786, subdiv 2; RCivC 1903, §1482, subdiv 2; RC 1919, §1106 (2); SDC 1939, §17.0507 (2); SL 2008, ch 276, §31.
Structure South Dakota Codified Laws
Title 60 - Labor and Employment
Chapter 04 - Termination Of Employment
Section 60-4-1 - Death or incapacity of employer.
Section 60-4-3 - Employee must continue in certain cases.
Section 60-4-4 - Termination at will.
Section 60-4-5 - Neglect or breach of duty--Incapacity to perform.
Section 60-4-6 - Breach of obligation of employer.
Section 60-4-9 - Discharge of employee--Misconduct or immorality.
Section 60-4-10 - Discharge of employee--Concealment of misconduct.
Section 60-4-11 - Discrimination against employee off-duty use of tobacco.