60-4-3. Employee must continue in certain cases.
An employee, unless the term of the employee's service has expired, or unless the employee has a right to discontinue it at any time without notice, shall continue service after notice of the death or incapacity of the employer so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to the successor. The successor shall compensate the employee for the service according to the terms of the contract of employment.
Source: CivC 1877, §1151; CL 1887, §3774; RCivC 1903, §1470; RC 1919, §1094; SDC 1939, §17.0403; SL 2008, ch 276, §28.
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.