62-1-16. Employer civilly liable for retaliatory termination of employee--Burden of proof.
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/sd/title-62/chapter-62-1/62-1-16A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An employer is civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim. The burden of proof is on the employee to prove the dismissal was in retaliation for filing a workers' compensation claim.