You have to be paid on the next regular payday in South Dakota. It doesn't matter if you quit or were fired or laid off. Your boss can hold your final check until you return any company property.

Also, private employers with more than 100 employees have to give workers 60 days notice before closing a workplace or laying off 50 or more workers. Workers can be paid for the days that they should have had notice. This is called Worker Adjustment and Retraining Notification (WARN). Some states have extra protections for more workers. Go to the "Big Layoffs & Bankrupt Bosses" link in the Resource Box on this page for more information.

Do I have a right to severance pay? Most workers do not have a right to severance pay, unless there is an employment contract or a union contract that says so. Sometimes you can argue for severance pay if there is a company policy or practice of giving it. If a large group of workers is being laid off, you should get 60 days notice or pay for any of those days you didn't have notice. See the link to "Big Layoffs and Bankrupt Bosses" in the Resource Box on this page for more information.

Do I get paid for my accrued vacation time when I leave a job? You only have a right to be paid your accrued vacation time if there is a company policy (usually in the handbook) or a union contract that says workers will be paid accrued vacation time when they leave.

If you think you may be leaving your job soon find out the specific rules about accrued vacation. Sometimes there is a rule that workers will be paid their accrued vacation if they give notice before they quit. Read the employee handbook, ask Human Resource what the specific rules are, and ask other employees if the company has paid other employees their accrued time when they left. Decide if you should use up your accrued time before you leave.

State workers must be paid earned vacation time when they leave for any reason.

Can my boss hold back my paycheck? South Dakota is the only state that lets employers hold a check to make a worker return property. If you have a disagreement about whether you have property, you can file a wage claim.

What are my rights if I have a union? If you have union protection, often the law requires following the union contract (or an employment contract) because you have more rights than non-union workers. Your union can help protect your rights more effectively than the law. Contact your union steward or representative for help getting your final pay.

What rights do independent contractors have to get a final check? Independent contractors can't file wage claims. They can take someone who doesn't pay them to small claims court (see the page on "What Can I Do if My Boss Won't Give Me My Money"). If you are just called independent contractors  so your boss can avoid the laws protecting you, you may be able to prove that you are really an employee (NOT an independent contractor) and win your rights and sometimes back pay, unemployment, or workers comp. Read more on Independent Contrators in the Resource Box on this page.

The law: 

South Dakota Codified Laws Title 60-11-10 (Prompt payment of wages due on separation by employer--Withholding for return of  employer's  property)

South Dakota Codified Laws Title 60-11-11 (Payment on regular pay day after resignation by employee--Withholding for return of employer's property)

How to enforce the law: The law is enforced by the South Dakota Department of Labor, Division of Labor & Management (except they won't enforce your right to be paid overtime!). Go to "What Can I Do If My Boss Won't Give Me My Final Pay" for more information on enforcing your rights.