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Performance Appraisals: North Dakota

Performance Appraisals requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Joel Fremstad and Lynn Block, Fremstad Law


  • No North Dakota law specifically addresses performance appraisals. However, a performance appraisal program is critical for making effective employment decisions. See Conducting Performance Appraisals.
  • In North Dakota, there is a presumption that employment is at will. See Employment at Will.
  • To help employers minimize liability regarding illegal employment discrimination and retaliation, performance appraisals should be conducted as uniformly and as consistently as possible. See Performance Appraisals, Discrimination and Retaliation.
  • North Dakota employers enjoy qualified immunity from employee defamation claims with respect to job references or disclosing information about a current or former employee's job performance. See Job Reference Immunity.