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South Dakota Unemployment Case Law
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The employer says these two phone reps would call themselves on the company 800 number, then put themselves on hold, in order to make it look like they were doing more work than they were. The court says they collect because the employer cannot show signed copies of policy manuals specifically forbidding this kind of cheating.
She resigned. Then she withdrew her resignation. They accepted the resignation, but not the withdrawal.
Yes, she signed an agreement with her employer, stating that she was an independent contractor. But, no, that doesn't make her an independent contractor. She is an employee, eligible for unemployment, and the employer must pay unemployment taxes on her wages.
He worked a little for the city. But his main job was laying asphalt. When he got laid off from the paving company, the city got charged for his benefits.
He let outsiders into the plant. The company was worried that trade secrets were being stolen, so outsiders were forbidden.
Lake Preston
The company wants to avoid paying unemployment tax on a property manager, on the grounds that she is an independent contractor. These attempts almost never never meet with success.
Moonlight Rose
Their rose peddlers are employees, not independent contractors. They must pay unemployment tax.
They eliminated her job, but told her there were three other positions she could apply for. She discovered that their offer of other jobs was just a sham. She did not apply for them. She does not collect.
Shoppers Guide
The State wants to tax the publisher of a free ad paper for Unemployment taxes on its delivery people. The paper says they are independent contractors. This court agrees.
He applied for vacation. They said no. He took it anyway.
They canned him when he asked a client out.
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