South Dakota Unemployment Benefits

South Dakota Unemployment Benefits Denial of Benefits for Misconduct

South Dakota Codified Laws

61-6-14. Separation for misconduct—Additional claims during benefit year. An unemployed individual who was discharged or suspended from the individual's most recent employment, the employment being at least thirty calendar days in duration for misconduct connected with the individual's work shall be denied benefits until the individual has been reemployed at least six calendar weeks in insured employment during the individual's current benefit year and earned wages of not less than the individual's weekly benefit amount in each of those six weeks. If additional claims are filed by a claimant during a benefit year subsequent to employment, the thirty calendar day requirement may not be applied in determining disqualifications.

(Source: SL 1936 (SS), ch 3, § 5; SDC 1939, § 17.0830 (2); SL 1939, ch 89; SL 1943, ch 84; SL 1947, ch 89, § 2; SL 1951, ch 94, § 9; SL 1955, ch 62; SL 1963, ch 126, § 2; SL 1975, ch 319, § 2; SL 1976, ch 321, § 2; SL 1979, ch 348, § 4; SL 2008, ch 277, § 121.)

61-6-14.1. Misconduct defined. As used in this chapter, misconduct is: (1) Failure to obey orders, rules, or instructions, or failure to discharge the duties for which an individual was employed; or

(2) Substantial disregard of the employer's interests or of the employee's duties and obligations to the employer; or

(3) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of an employee; or

(4) Carelessness or negligence of such degree or recurrence as to manifest equal culpability or wrongful intent.

However, mere inefficiency, unsatisfactory conduct, failure to perform as the result of inability or incapacity, a good faith error in judgment or discretion, or conduct mandated by a religious belief which belief cannot be reasonably accommodated by the employer is not misconduct.

(Source: SL 1984, ch 337; SL 1989, ch 449, § 2; SL 1992, ch 363, § 1; SL 2008, ch 277, § 122. )

60-4-10. Discharge of employee—Concealment of misconduct. An employer may discharge any employee, whether engaged for a fixed term or not, if, being employed about the person of the employer or in a confidential position, the employer discovers that the employee has been guilty of misconduct before or after the commencement of

Timber Products Manufacturers Association 951 East Third Avenue, Spokane, WA 99202  phone (509) 535-4646  fax (509) 534- 6106 web www.tpmrs.com service of such a nature that, if the employer had known or contemplated it, the employer would not have employed the employee.

(Source: CivC 1877, § 1163, subdiv 2; CL 1887, § 3786, subdiv 2; RCivC 1903, § 1482, subdiv 2; RC 1919, § 1106 (2); SDC 1939, § 17.0507 (2); SL 2008, ch 276, § 31.)

60-4-9. Discharge of employee—Misconduct or immorality. An employer may discharge any employee, whether engaged for a fixed term or not, if the employee is guilty of misconduct in the course of service or of gross immorality, though unconnected with the misconduct.

(Source: CivC 1877, § 1163, subdiv 1; CL 1887, § 3786; subdiv 1; RCivC 1903, § 1482, subdiv 1; RC 1919, § 1106 (1); SDC 1939, § 17.0507 (1); SL 2008, ch 276, § 30.)

61-6-19. Benefits not payable for unemployment due to labor dispute—Exceptions. An individual is not entitled to any benefits for any week with respect to which the secretary finds that the individual's total or partial unemployment is due to a labor dispute at the factory, establishment, or other premises at which the individual is or was last employed. However, this section does not apply if it is shown to the satisfaction of the department that:

(1) The individual is not participating in or financing or directly interested in the labor dispute; and

(2) The individual does not belong to a grade or class of workers of which, immediately before the commencement of the dispute, there were members employed at the premises at which the dispute occurs, any of whom are participating in or financing or directly interested in the dispute;

(3) The individual is locked out by the individual's employer.

If in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each department shall, for the purpose of this section, be considered a separate factory, establishment, or other premises.

(Source: SL 1936 (SS), ch 3, § 5; SDC 1939, § 17.0830(4); SL 1939, ch 89; SL 1943, ch 84; SL 1975, ch 320; SL 1986, ch 424, § 4; SL 2008, ch 277, § 127.)

Timber Products Manufacturers Association 951 East Third Avenue, Spokane, WA 99202  phone (509) 535-4646  fax (509) 534- 6106 web www.tpmrs.com