There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 60 LABOR AND EMPLOYMENT
Chapter 04. Termination Of Employment
§60-4-5 Neglect or breach of duty--Incapacity to perform.
SD Codified L § 60-4-5 (through 2011) What's This?
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.
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