60-4-5. Neglect or breach of duty--Incapacity to perform.
An employment even for a specified term may be terminated at any time by the employer for habitual neglect of duty, continued incapacity to perform, or any willful breach of duty by the employee in the course of employment.
Source: CivC 1877, §1153; CL 1887, §3776; RCivC 1903, §1472; RC 1919, §1096; SDC 1939, §17.0404; SL 2008, ch 276, §29.
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.