Post employment inquiries - North Dakota

Summary of differences between federal and state regulations

In North Dakota, an employer/former employer may disclose to a prospective employer information about employee/former employee dates of employment, pay, job description, job duties, and wage history, unless he/she is not acting in good faith. An employer/former employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/employee disclosed:

• Knowingly false information,
• Information recklessly,
• Intentionally misleading information,
• Information with malicious intent.

Immunity does not apply to violations of nondisclosure agreements or providing confidential information.

Using force, threat, or intimidation to prevent a person from obtaining or continuing employment is a crime. Maliciously interfering or hindering a person from obtaining or enjoying employment is a crime. Exchanging blacklists is prohibited.

State

Contact

North Dakota Department of Labor

Regulations

North Dakota Century Code §34-01-04, Intimidation, force, and treats against employees prohibited – penalty

North Dakota Century Code §34-01-05, Intimidation, force, and threats against employers prohibited – penalty

North Dakota Century Code §34-01-06, Hindering person from obtaining or enjoying employment – penalty

North Dakota Century Code §34-02-18, Immunity for providing employment reference

North Dakota Constitution, Article XII, Section 17, Corporations other than municipal

Federal

Contacts

None.

Regulations

None.