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Can I fire employees for reasons other than poor performance in North Dakota? What are the requirements?

Can I fire employees for reasons other than poor performance in North Dakota? What are the requirements?

Yes, employers in North Dakota can terminate employees for reasons other than poor performance, but there are certain requirements that must be followed.

Termination for Breach of Obligations by Employer

According to NDCC Section 34-03-06, an employee may terminate their employment at any time in case of any willful or permanent breach of the obligations of the employer to the person as an employee.

Termination for Breach or Neglect of Duty or Incapacity to Perform

According to NDCC Section 34-03-05, an employer may terminate an employee at any time in case of any willful breach of duty by the employee in the course of the employee’s employment, in case of the employee’s habitual neglect of duty, or in case of the employee’s continued incapacity to perform the employee’s duty.

It is important to note that termination for discriminatory reasons is illegal under federal and state law. Employees also have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other lawful concerted activities for the purpose of collective bargaining or other mutual aid or protection, and also have the right to refrain from any or all of such activities and are free to decline to associate with their fellows and are free to obtain employment wherever possible without interference or being hindered in any way [3.1].

Requirements for Termination

If an employer decides to terminate an employee, they must provide compensation to the employee upon termination of employment if the employee quits the service of the person’s employer for good cause or if the employee is dismissed by the person’s employer for good cause [2.1].

Additionally, each agency, department, and institution must adopt and use a program to provide for the development and management of the performance of each employee in a classified position [1.2]. Each employee in a classified position must be informed of the responsibilities assigned to the employee’s position and of the level of performance needed to successfully perform the work [1.3].

Conclusion

Employers in North Dakota can terminate employees for reasons other than poor performance, but they must follow the requirements outlined in the relevant laws and regulations. It is important to ensure that any termination is not discriminatory and that the employee is compensated appropriately.

Source(s):
Jurisdiction

North Dakota