What should I consider when making hiring and termination decisions?

When making hiring and termination decisions in South Dakota, small businesses must be aware of the relevant laws to ensure compliance. South Dakota is an "at-will" state, meaning that employers can hire and terminate employees at their discretion with or without cause, as long as it is not prohibited by law. When hiring, employers should practice fair hiring policies and not discriminate based on age, race, gender, national origin, religion, pregnancy, disability, or any other legally protected status. Employers must also check the references of potential employees, verify work eligibility with an I-9 Form, and comply with any minimum wage or overtime laws. When terminating, employers must also comply with any challenges to the reasons for the termination, such as a breach of contract or claims of discrimination or harassment. Employers should document all steps taken to notify the employee of the termination, as well as the reasons behind it. It is also important to provide the employee with any accrued benefits and wages earned. Finally, all employers should have an employee handbook outlining the rules and expectations for employees, as well as a comprehensive policy for any termination proceedings. By following all relevant laws, employers in South Dakota can ensure that their hiring and termination decisions are fair and compliant.

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