Legal Opinion

Grievance of Wendell v. South Dakota Department of Transportation

South Dakota Supreme Court

Decided December 30, 1998No. 20550PublishedCited by 21 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] Can a Department of Transportation employee be dismissed for a conviction on a misdemeanor unrelated to the job? Based on the language of the applicable regulation, we conclude the employee was wrongly discharged. We affirm the circuit court’s judgment of reinstatement.

Facts

[¶2.] The South Dakota Department of Transportation (DOT) hired Gregory Wendell as a Senior Right-of-Way Specialist in July 1995. His work included reviewing property appraisals completed by other staff members, evaluating DOT projects, and negotiating with and relocating persons whose property…

2Cases cited12 opinions

  1. Sopko v. C & R Transfer Co., Inc.South Dakota Supreme Court · 1998
  2. Hartpence v. Youth Forestry CampSouth Dakota Supreme Court · 1982
  3. Muhlenkort v. Union County Land TrustSouth Dakota Supreme Court · 1995
  4. State Automobile Casualty Underwriters v. RuotsalainenSouth Dakota Supreme Court · 1965
  5. Schroeder v. Department of Social ServicesSouth Dakota Supreme Court · 1996

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

3Cited by21 opinions

  1. Goetz v. StateSouth Dakota Supreme Court · 2001
  2. Brown v. Douglas School DistrictSouth Dakota Supreme Court · 2002
  3. Argus Leader v. HagenSouth Dakota Supreme Court · 2007
  4. Nielson v. AT & T CORP.South Dakota Supreme Court · 1999
  5. Krukow v. South Dakota Board of Pardons & ParolesSouth Dakota Supreme Court · 2006

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

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