At-Will Employment - North Dakota

Summary of differences between federal and state regulations

The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.

North Dakota law does not require a reason for discharge. Either an employer or employee may terminate an employment relationship upon notice to the other. However, no specific length of notice (such as a two-week notice) is required.

State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.

State courts have recognized the concept of an “implied contract” exception to the at-will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.

State

Contact

North Dakota Department of Labor

Regulations

North Dakota Century Code, Title 34, §§34-03-1 through 34-03-09

In North Dakota, any employment relationship without a specified term exists at the will of both parties (employer and employee) and can be terminated by either party at any time, with or without cause.

However, an employer may not terminate an employee because of the employee's race, color, religion, sex, national origin, age, disability, marital status, pregnancy, status with regard to public assistance, or participation in lawful activity off the employer's premises during non-working hours which is not in direct conflict with the essential business related functions of the employer.

Federal

Contacts

None.

Regulations

None.