An employer may discharge any employee, whether engaged for a fixed term or not, if, being employed about the person of the employer or in a confidential position, the employer discovers that the employee has been guilty of misconduct before or after the commencement of service of such a nature that, if the employer had known or contemplated it, the employer would not have employed the employee.

Ask an employment law question, get an answer ASAP!
Thousands of highly rated, verified employment lawyers
Specialties include: Employment Law, EEOC, Pension and Compensation, Harassment Law, Discrimination Law, Termination Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Source: CivC 1877, § 1163, subdiv 2; CL 1887, § 3786, subdiv 2; RCivC 1903, § 1482, subdiv 2; RC 1919, § 1106 (2); SDC 1939, § 17.0507 (2); SL 2008, ch 276, § 31.