[SD] Is a verbal agreement with an employer to pay extra for additional job duties enforceable?

SD Employment

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In South Dakota, in general, oral employment contracts are enforceable (SDCL § 53-8-1). When there is a valid and enforceable contract, liability for compensation or other resolution of the breach is fixed exclusively by the contract. Nadeau v. Pitman, 731 A.2d 863, 866-67 (Me. 1999); County Commissioners of Caroline County v. J. Roland Dashiell & Sons, Inc., 358 Md. 83, 747 A.2d 600, 607 (2000) (citing many courts holding the same); Leasepartners Corp. v. Robert L. Brooks Trust, 113 Nev. 747, 942 P.2d 182, 187 (1997); see also JN Exploration & Prod. v. Western Gas Resources, Inc., 153 F.3d 906, 910 (8th Cir. 1998) (applying North Dakota law).

Even if there was no contract, there is still a possible equitable remedy. Quantum meruit implies a contract where none exists and awards restitution for the value of the services provided under that implied contract. Lindquist Ford, Inc., 557 F.3d at 477-78. To recover under quantum meruit, the plaintiff must prove, among other things, that the defendant requested the plaintiff's services and the plaintiff reasonably expected to be paid. See id.; Amend v. 485 Properties, 280 Ga. 327, 627 S.E.2d 565, 567 (2006); Hollifield v. Monte Vista Biblical Gardens, Inc., 251 Ga. App. 124, 553 S.E.2d 662, 668 (2001); Hawk Isolutions Group, Inc. v. Morris, 288 S.W.3d 758, 761 (Mo. Ct. App. 2009) . Further, damages may be awarded even if the plaintiff's services conferred no benefit. Lindquist Ford, Inc., 557 F.3d at 477-78.

In general, there is no federal law regarding breach of contract. Instead, federal courts apply the law of the state in which the federal court is located.

If you are on a reservation, then tribal law may apply, not state law.

Accordingly, you may want to consider retaining counsel to commence a lawsuit for you.

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I am a salaried employee on a 9-month contract (teacher). My employer verbally told me they would pay for me to do a specific job outside my role and responsibilities as a teacher. I have a witness to this verbal agreement. I did the job and did not receive payment. It has been 1 year since this occurred.

Lexi, Chatbot

I understand how frustrating it must be to not receive payment for work you completed based on a verbal agreement. Can you tell me if you have any written communication regarding this job or the agreement?

I do have written communication about the job, but no written confirmation of his agreement, just a witness that can testify that he agreed.

Lexi, Chatbot

Have you attempted to discuss this issue with your employer since the job was completed?

Yes, first he said he was surprised I hadn't received payment and at a later point said that was last year and what is past is past.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your unpaid wages.

He is promising again this year to pay me to do this specific job again for pay but has not produced a written contract, but there are witnesses to those offers as well.

Legal Eagle

Hi. I have been practicing law for over 40 years. I would like to help you. What state is this in, please?

South Dakota

Legal Eagle

Thanks for sharing that. Could you tell me more about the written communication you have regarding the job? Does it mention any terms or conditions?

He asked me to write up memos explaining why I believed that those responsibilities should be compensated separately. He never replied to my emails and would typically only address it in person. But I do have a witness that can corroborate his agreement to pay me and a signed and dated form/timesheet where he wrote extra duty contract.

And stated he would pay me for the additional responsibilities which I laid out in detail and amount of time each task takes.

Legal Eagle

Ok. Please give me some time to check on something for you.

The school I work in is a tribal grant school and primarily adheres to federal law. Is there any hope there?

Legal Eagle

In general, there is no federal law regarding breach of contract. Instead, federal courts apply the law of the state in which the federal court is located.

If you are on a reservation, then tribal law may apply, not state law.

Accordingly, you may want to consider retaining counsel to commence a lawsuit for you.

Legal Eagle

Does the above satisfactorily answer your question, please?

Okay, thank you. I'll take a look at our tribal laws and see if I find anything.

Thank you, you have been incredibly helpful!

Legal Eagle

I am required to state in every question chain that, according to the rules of AskaLawyer, there is no attorney-client relationship here. That means I am not your lawyer. Everything here is for general knowledge about the law only. For actual legal representation or advice, you need to retain an attorney for that purpose.

I understand that, thank you.

Legal Eagle

If there's anything else you need help with or if you have any more questions, please don't hesitate to reach out. I'm here to provide solutions and support! Best of luck, and I've enjoyed helping you so far!

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