Wrongful Termination in North Dakota
North Dakota is generally an at-will state, but some firings are illegal. Here are the exceptions, retaliation protections and where to file.
Short answer: Employment with no set term is at will: either side may end it with notice, and no minimum notice period (such as two weeks) is required. A contract for a set term overrides at-will status. N.D.C.C. § 34-03-01; N.D.C.C. § 34-01-20; N.D.C.C. ch. 14-02.4
| At-will employment and exceptions | Employment with no set term is at will: either side may end it with notice, and no minimum notice period (such as two weeks) is required. A contract for a set term overrides at-will status. State law also bars firing for discrimination and for protected whistleblowing. |
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| Whistleblower and retaliation protection | Employers may not fire, discipline, threaten or penalize an employee who in good faith reports a suspected violation of law to the employer, a government body or law enforcement; who is asked to take part in a public investigation or hearing; or who refuses an order the employee objectively believes is illegal (and says so). The employee may sue within 180 days for reinstatement, back pay (up to two years), benefits and attorney's fees. Complaints can also be filed with the Department of Labor and Human Rights. Source: N.D.C.C. § 34-01-20 |
| Job discrimination complaints | North Dakota Department of Labor and Human Rights. The state law covers employers with one or more employees. A charge must be filed no later than 300 days after the most recent discriminatory act. |
Where to get help in North Dakota
More North Dakota employment law
- Minimum Wage in North Dakota
- Final Paycheck Laws in North Dakota
- Meal and Rest Break Laws in North Dakota
- Paid Sick Leave in North Dakota
- Non-Compete Agreements in North Dakota
- All North Dakota employment law rules
FAQ
Is North Dakota an at-will employment state?
Employment with no set term is at will: either side may end it with notice, and no minimum notice period (such as two weeks) is required. A contract for a set term overrides at-will status. State law also bars firing for discrimination and for protected whistleblowing.
Is it illegal to fire someone for reporting a violation in North Dakota?
Employers may not fire, discipline, threaten or penalize an employee who in good faith reports a suspected violation of law to the employer, a government body or law enforcement; who is asked to take part in a public investigation or hearing; or who refuses an order the employee objectively believes is illegal (and says so). The employee may sue within 180 days for reinstatement, back pay (up to two years), benefits and attorney's fees. Complaints can also be filed with the Department of Labor and Human Rights.
Where do I file a job discrimination complaint in North Dakota?
North Dakota Department of Labor and Human Rights. The state law covers employers with one or more employees. A charge must be filed no later than 300 days after the most recent discriminatory act.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.