Can I terminate employees without violating employment laws in North Dakota? What are the requirements?

To terminate employees without violating employment laws in North Dakota, employers must comply with the following requirements:

Termination of Employment

• An employment having no specified term may be terminated at the will of either party on notice to the other, except when otherwise provided by this title ^[1.4].
• Every employment may be terminated at any time by the employer 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 ^[1.7].
• An employee who quits the service of the person’s employer for good cause and an employee who is dismissed by the person’s employer for good cause are entitled to such proportion of the compensation which would have become due upon full performance of the contract of employment as the services already rendered by such employee bear to the services the employee was obligated to render had the contract of employment been fully performed ^[1.2].

Discrimination

• Employers must ensure that they are not discriminating against employees based on protected characteristics such as race, gender, religion, or age ^[1.1].

Contractual Obligations

• Employers must comply with any contractual obligations they have with employees, such as providing notice or severance pay ^[1.1].

Unemployment Compensation Law

• Employers must comply with the North Dakota unemployment compensation law ^[5.1]. Employing units that are subject to this law must be deemed employers for the entire calendar year, except as provided in specific sections ^[5.1].

Legal Remedies

• Nothing in the North Dakota Century Code disparages, impairs, or limits any other right or legal remedy of an employee ^[4.2].

Note that this response is not exhaustive and employers should consult with legal counsel to ensure compliance with all applicable employment laws in North Dakota.

Source(s):

• [1.1] Employee may terminate employment because of breach of obligations by employer.
• [1.2] Compensation of employees upon termination of employment.
• [1.4] Termination of employment at will - Notice required.
• [1.7] Termination by employer for breach or neglect of duty or incapacity to perform.
• [4.2] Other rights or legal remedies unimpaired.
• [5.1] Employing unit deemed to be employer for entire calendar year - Exception. Any employing unit which is or becomes an employer subject to the North Dakota unemployment compensation law within any calendar year must be deemed to be an employer

Jurisdiction

North Dakota

• Labor