Wrongful Termination in North Dakota
State-specific overview · Employment Law
North Dakota recognizes wrongful termination for public policy violations and breach of express employment contracts.
How North Dakota treats Wrongful Termination
North Dakota protects employees from termination in retaliation for jury duty, military service, or filing workers' compensation claims. The state enforces express written employment contracts and recognizes claims based on violation of statutory rights or clear public policy. North Dakota courts have been cautious about expanding implied covenant protections in employment contexts. An employee claiming wrongful termination must typically show either a specific statute protecting the conduct or a clear public policy established by law.
The general definition of Wrongful Termination
Illegal firing of an employee in violation of law, contract, or public policy.
Wrongful termination occurs when an employer fires an employee for an illegal reason or in violation of an employment contract or established public policy. Common illegal reasons include retaliation for reporting safety violations, discrimination based on race or gender, refusal to commit an illegal act, or exercising a legal right like jury duty. In most US states, employment is at-will, meaning employers can fire workers for almost any reason, but there are important exceptions. An employee who is wrongfully terminated can sue for damages, including lost wages and emotional distress.
Read the full Wrongful Termination entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in North Dakota.