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NIESENT v. HOMESTAKE MIN. CO.

Nos. 17933, 18009.

505 N.W.2d 781 (1993)

Richard NIESENT, Plaintiff and Appellant, v. HOMESTAKE MINING COMPANY OF CALIFORNIA, a California corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 15, 1993.

Attorney(s) appearing for the Case

Jane Wipf Pfeifle of Lynn, Jackson, Shultz & Lebrun, Rapid City, for appellant.

A.P. Fuller and Brad P. Gordon of Fuller & Tellinghuisen, Lead, for appellee.

TIMM, Circuit Judge.

Richard Niesent (Niesent) was employed as a miner by Homestake Mining Company of California (Homestake). During his new hire probation period he was injured on the job, filed a worker's compensation claim, and was discharged. He commenced an action against his former employer claiming 1) that the discharge violated an employment agreement, or 2) that the discharge was wrongful under the public policy exception to the employment at-will doctrine...

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