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Involuntary Terminations: North Dakota

Involuntary Terminations requirements for other states

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

Original Authors: Joel Fremstad and Lynn Block, Fremstad Law

Summary

  • Employees who can demonstrate the existence of an employment contract may be protected by a just cause termination provision, if any. Employers found to have terminated employees in violation of a written contract may be exposed to claims for breach of contract. See Termination for Cause.
  • North Dakota employers may withhold payments to terminated employees for unused PTO, but only in certain circumstances. See Withholding Unused PTO from Terminated Employees.
  • The North Dakota Human Rights Act permits employees who are aggrieved by discriminatory practices to bring actions against the employer. See North Dakota Human Rights Act.
  • North Dakota Whistleblower laws protect certain employees from reprisal by their employers if they engaged in statutorily protected activities. See Whistleblower Protections.
  • North Dakota employees are entitled to protection of their unemployment benefits when they are involved in stalking incidents. See Protection of Unemployment Benefits for Victims of Stalking.