VETTER v. CAM WAL ELEC. CO-OP., INC.

No. 23684.

711 N.W.2d 612 (2006)

2006 SD 21

Roger VETTER, Plaintiff and Appellee, v. CAM WAL ELECTRIC COOPERATIVE, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 8, 2006.


Attorney(s) appearing for the Case

Thomas W. Clayton, Clayton Law Office, Sioux Falls, SD, for plaintiff and appellee.

Richard D. Casey, Nicole Nachtigal Emerson of Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, SD, for defendant and appellant.


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...

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