This report concerns wrongful termination settlement amounts in the state of South Dakota. It is actually unusual for good cases to go to trial, simply because they frequently reach settlement out of trial.
The majority of these cases contain mixed settlements, which means they involved 1, or possibly several claims of unlawful termination due to whistleblower, race, color, national origin, religion discrimination, workplace retaliation, constructive discharge, disability, firing in violation of public policy, gender discrimination, sexual orientation, gender expression or gender identity discrimination, breach of employment contract or age discrimination.
The table in the next paragraph exhibits an overview of the various types of claims filed as well as their respective volumes in SD in 2017.
| State | 2017 Total Charges | % of Total USA Charges | Race | Sex | Natl Origin | Religion | Color | Retaliation All Statutes | TVII Retaliation | Age | Disability | EPA | GINA |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| South Dakota | 70 | 0.10% | 20 | 22 | 9 | 4 | 0 | 49 | 29 | 13 | 29 | 5 | 1 |
Source: https://www1.eeoc.gov/eeoc/statistics/enforcement/state_17.cfm
South Dakota has very few wrongful discharge and discrimination cases filed, perhaps due to the fact that the state’s population is very small with less than 1 million people. It is actually the 46th smallest state in terms of population.
Wrongful discharge and discrimination cases & settlements in South Dakota
$ 65,000
12/6/2011
EEOC v Vet Pharm, Inc.
Vet Pharm is a distributor of animal health products in South Dakota.
A female ex-employee reported the company for sexual harassment and constructive discharge. A colleague of hers repeatedly made demeaning sexual comments to women at the firm, creating a hostile work environment. The offending employee was reported to supervisors, but the company did nothing to stop the harasser’s conduct.
A female employee chose to resign because she couldn’t take the harassment any longer.
The EEOC sued the company for violating Title VII. Sex discrimination should not be tolerated at a workplace.
The case was settled through consent decree, 2 woman in the case received a settlement of $65,000. Source
$ 50,000
9/16/2013
EEOC v Rapid City Market
Rapid City Market owns Don’s Valley Market, a supermarket in Rapid City, SD.
A former employee filed a report with the EEOC, alleging transgender sex discrimination in violation of Title VII of the Civil Rights Act. The employee had always received good evaluations and was recently promoted. He was male, and indicated that he will present as a woman in the future. He was discharged soon after.
Gender identity cannot be the basis of employment decisions. Discriminating against an employee because of transgender status is illegal.
The EEOC sued the company on behalf of the ex-employee, and the case was settled for $50,000. Source
$ 50,000
1/4/2010
EEOC v Merchants State Bank
The Merchants State Bank is a local bank operating in South Dakota.
A custodian working at the bank was suffering from cancer and had to undergo chemotherapy. He was told to stay home, recover and not worry about his job. When he was ready to return to work, he was told that he had been replaced in the meanwhile.
The EEOC sued the bank for violating the Americans with Disabilities Act. The case was settled though a consent decree, the ex-employee received a settlement of $50,000. Source
$ 45,000
5/18/2018
EEOC v M.G. Oil Company
M.G. Oil owns Happy Jack’s Casino in Sioux Falls. The casino was looking to hire a cashier, and held interviews for the position.
It offered the job to an applicant pending a drug test. The test returned the presence of a medication that was lawfully prescribed to the applicant, but the job offer was rescinded.
The company violated the Americans with Disabilities Act when it didn’t hire a job applicant because of the medication. The EEOC sued the company, and a consent decree was reached. The applicant received a settlement of $45,000. Source
$ 118,775
6/22/2010
EEOC v Siouxland Oral Maxillofacial Surgery Associates, LLP
The EEOC sued the dentistry operating in Sioux Falls, SD, for violating the Pregancy Discrimination Act two times.
In one instance, an existing employee was fired 2 days after she announced that she was pregnant. In the other case, a job applicant was not hired for a role she would have been qualified for, because she was pregnant.
A jury awarded the women $21,098 in lost wages, but the EEOC appealed the decision, since the judge refused to give jurisdiction over punitive damages. At the 2nd trial, back pay was increased to $23,775, and a settlement was reached with regard to punitive damages. The women received an additional $95,000 settlement. Source
When looking at this catalog of wrongful termination settlements from South Dakota, bear in mind that the larger amounts of money are caused by punitive compensation. Punitive damages are rewarded to deter corporations from doing the same wrongful conduct. Punitive compensation is extremely infrequent. The vast majority of claims will settle for about fifty thousand to one hundred thousand dollars.
This unique list of wrongful firing settlements in SD is intended for informative purposes. Even if you feel similarity to any of these examples, remember that every situation is different.
The average wrongful discharge settlements in South Dakota
If you believe you were wrongfully terminated, it’s easy to understand that you might want to determine approximately how much money you could get for your wrongful dismissal case.
In the event that you come to an agreement with the employer, the amount of money you receive is always based upon the following: medical costs, mental anguish, lost earnings, benefits lost, job search costs and reason of termination. Punitive damages might also be granted in rare cases, if the workplace behaved egregiously.
As so you see from the example lawsuits mentioned above, providing a typical settlement for wrongful discharge cases in SD is really difficult because each individual case is unique.
The average wrongful termination settlement in South Dakota is between $6,000 – $80,000. Attorneys continue to be helpful in working out a better settlement.
The typical jury awards are generally bigger, anywhere between $100,000 – $450,000. This is certainly a primary reason companies like to settle before going to court.
Filing a wrongful discharge or discrimination claim in South Dakota
If you think you were terminated for an illegal cause, here are tips on what to do.
To begin with, you will need to consult with a wrongful termination law firm in South Dakota to ascertain whether or not you have got a claim worth pursuing.
Be sure you don’t run out of time to file your claim, consider the South Dakota statutes of limitations for wrongful termination.
2nd, you’ll probably need to submit a timely claim with the South Dakota Department of Labor and Regulation.
These are the steps you’ll want to take to file a wrongful discharge lawsuit.
