Separation From Employment: North Dakota
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Joel Fremstad and Lynn Block, Fremstad Law
- Employees who can demonstrate the existence of an employment contract may be protected by a just cause termination provision, if any. Employers that terminate employees in violation of a written contract may be exposed to claims for breach of contract. See Termination for Cause.
- In the absence of an employment contract, there is a presumption that employment is at-will and employers may terminate an employee at any time. See Employment At-Will.
- North Dakota employers may withhold payments to terminated employees for unused PTO, but only in certain circumstances. See Withholding Unused PTO From Terminated Employees.