Legal Opinion

Vetter v. Cam Wal Electric Cooperative, Inc.

South Dakota Supreme Court

Decided March 8, 2006No. 23684PublishedCited by 41 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] Must an employer establish that an employee actually committed misconduct in order to demonstrate good cause to fire the employee? In this wrongful termination suit, the employer requested a jury instruction that would have limited the jury’s role in reviewing the factual basis for the employer’s decision to fire its employee. With this proposed instruction, the jury would not decide whether the employee had in fact committed an infraction justifying termination. Rather, the jury would decide only whether the employer, acting in good faith after an appropriate…

2Cases cited16 opinions

  1. Toussaint v. Blue Cross & Blue ShieldMichigan Supreme Court · 1980
  2. Baldwin v. Sisters of Providence in Washington, Inc.Washington Supreme Court · 1989
  3. Witkowski v. Thomas J. Lipton, Inc.Supreme Court of New Jersey · 1994
  4. Cotran v. Rollins Hudig Hall International, Inc.California Supreme Court · 1998
  5. First Premier Bank v. Kolcraft Enterprises, Inc.South Dakota Supreme Court · 2004

11 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Papke v. HarbertSouth Dakota Supreme Court · 2007
  2. State v. PackedSouth Dakota Supreme Court · 2007
  3. State v. CottierSouth Dakota Supreme Court · 2008
  4. Kostel v. SchwartzSouth Dakota Supreme Court · 2008
  5. Veith v. O'BRIENSouth Dakota Supreme Court · 2007

36 more not listed; retrieve them via the Exa API.

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