Performance Appraisals: South Dakota
Federal law and guidance on this subject should be reviewed together with this section.
Author: Gloria Ju
- Employers could be found liable for discriminatory performance appraisals under state laws that provide broader employer coverage than federal law. See Performance Appraisals and Discrimination.
- South Dakota law prohibits defamation that hurts an individual professionally, including discrediting his or her qualifications. See Employer Liability Regarding Performance Appraisals; Defamation.
- Employers that provide written references in good faith about a current or former employee's job performance enjoy a qualified privilege under South Dakota's reference immunity law. See Employer Liability Regarding Performance Appraisals; Reference Checks.
- Employers are prohibited from engaging in or threatening to engage in reprisal against employees who file or participate in legal complaints under state antidiscrimination and wage and hour laws. See Retaliation.
- Performance appraisals could make a difference during lawsuits over a noncompete or other restrictive covenant. See Employer Liability Regarding Performance Appraisals; Restrictive Covenants.
- The South Dakota Supreme Court recognizes claims of negligent hiring and negligent retention. See Negligent Retention.