Unemployment if you quit or were fired in South Dakota

Quit, fired or refused work

If you quit

If you quit your most recent job without good cause after working there at least 30 days, you are denied benefits. South Dakota law limits good cause to a short list of reasons.

Examples the state names:

• Continued work was a hazard to your health, and a licensed health care provider examined you before you left, advised you of this and signed a certificate
• Your employer required you to move your home to keep your job
• Your employer's conduct showed substantial disregard of the standards you have a right to expect, or your employer breached or substantially changed your work agreement
• You took a job while laid off and quit it to go back to your regular employer
• Your religious belief required it, and your employer did not offer a reasonable accommodation before you left
• Leaving was necessary to protect you from domestic abuse (you must report it to law enforcement within 48 hours of any incident and cooperate, stay apart from the situation, and have made reasonable efforts to keep the job)
• You moved to go with a spouse reassigned from one military assignment to another

If you were fired

If you were fired or suspended from your most recent job (after at least 30 days there) for misconduct connected with your work, you are denied benefits. The law defines misconduct as things like not following orders, rules or instructions, substantial or willful disregard of the employer's interests, or repeated or serious carelessness. Mere inefficiency, poor performance because you were unable to do the work, a good-faith error in judgment, or conduct required by a religious belief the employer could not reasonably accommodate is not misconduct.

If benefits are denied for the separation

If you are denied for quitting without good cause or for misconduct, you cannot get benefits until you work at least six calendar weeks in covered work during your benefit year and earn at least your weekly benefit amount in each of those weeks.

Refusing work

If you fail without good cause to apply for suitable work when DLR directs you, or to accept suitable work, you are denied benefits until you work six calendar weeks and earn at least your weekly benefit amount in each.

Law: SDCL 61-6-9, 61-6-9.1, 61-6-14, 61-6-14.1, 61-6-16

Official source: Source page

You usually must be unemployed through no fault of your own. In most states this means you lost your job because there was not enough work.

Able, available and looking for work

Job contacts per week: 2

Unless DLR tells you otherwise, you must do at least two work search activities each week you ask for benefits, including the waiting week and weeks you work reduced hours. Activities that count include applying for a job online or in person, sending a resume, going to a job interview and taking part in a DLR-approved reemployment program. Your filing instructions tell you whether you must search. Some people with a definite recall date, union members in good standing with a referring union, and some seasonal workers do not have to search.

Records to keep

For each job contact, report the business name, date, contact details, job title, the hiring person you contacted and how you applied. DLR checks contacts with employers and can audit you, so keep a record; its Job Search Tracking Sheet can help.

Law: SDCL 61-6-1

Official source: Source page

To be paid for a week, you must be able to work, available to work and actively seeking work.

Law: 42 U.S.C. 503(a)(12)

Noncitizens

What the state says

If you are not a U.S. citizen, have your Alien Registration Number ready when you file.

Free help

Call 605-626-3179. Legal aid and other free help in South Dakota → Official sources →