Jury duty. An employer may not discharge or suspend any employee who has been summoned for jury duty in any court in the state of South Dakota.
Violation of this provision is a misdemeanor punishable by 30 days' imprisonment in a county jail, fine, or both (SD Cod. Laws Sec. 16-13-41.1 and Sec. 22-6-2).
An employee is entitled to the same job status, pay, and seniority upon return from jury duty (SD Cod. Laws Sec. 16-13-41.2).
Court appearance. The South Dakota Supreme Court has made clear that terminations in violation of public policy will subject employers to wrongful termination action.
Because employees can be compelled to attend court proceedings and are subject to criminal penalties if they do not obey, an employer that terminates an employee because he or she was subpoenaed to appear as a witness in a court case could face a lawsuit.