Several people who have been identified as racists through social media after the Charlottesville, Virginia, rallies have lost their jobs. That raises the question: Is it legal to fire employees for activities they do outside of work? Keloland’s Casey Wonnenberg interviewed Davenport Evans Employment lawyer Jean Bender for the story that aired August 23, with suggestions for local employers.

“South Dakota has very few laws that apply to employers. It is an at-will employment state, so an employer can terminate an employee for any reason as long as it’s not an illegal reason,” Bender said. Just one state to the north though the law is a lot different. “North Dakota has a state law that specifically would prohibit you from terminating somebody for legal, off-duty conduct. Arguably marching in a parade and carrying a swastika is legal, off-duty conduct,” Bender said. Click on the link or image below for the story from Keloland News.

Davenport, Evans, Hurwitz & Smith, LLP, located in Sioux Falls, South Dakota, is one of the state’s largest law firms. The firm’s attorneys provide business and litigation counsel to individuals and corporate clients in a variety of practice areas. For more information about Davenport Evans, visit