North Dakota Wrongful Termination Laws

American legislators have become much more aware of discrimination throughout society and especially in the workplace.  As a result, most states have added supplemental statutes providing protections in addition to federal laws found in the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964.  While North Dakota is an “at will” employment state, and both employees and employers have the right to terminate employment for any reason that is not prohibited in federal and state laws, they have added a number of laws to protect employees in their state from discrimination.  When such violations occur, those laws also provide avenues for victims to seek legal remedies.

North Dakota’s Specific Labor Laws

The supplemental state labor laws enacted in North Dakota for wrongful termination and discrimination include those on the following chart:

*These laws change often, so consult local statutes for the most up-to-date information.

North Dakota Discrimination Laws

North Dakota has established specific guidelines which apply to filing claims for discrimination in the workplace:

• There is no statute requiring employees to file discrimination claims through state agencies before pursing private lawsuits
• Employees are eligible to file private lawsuits for discrimination in the workplace
• Employees may recover attorney’s fees when they win discrimination claims or suits
• Employees have 300 days to file claims for discrimination or wrongful termination in North Dakota

Filing a Claim for Wrongful Termination

Employees may believe they have a claim for wrongful termination or discrimination in firing, but the basis for their claim may be invalid.  That is why state agencies and employee rights attorneys must begin by investigating the claim and comparing the facts with federal and state laws.  If the claim is deemed valid, lawyers and agencies will generally attempt mediation and conciliation before investing the time and expense that a court case requires.

Legal Remedies for Wrongful Termination

The remedies provided under federal and state statutes may vary, depending on state laws and the specific violation.  But they generally include one or more of the following: 

• Punitive damages
• Reinstatement of benefits and position
• Lost wages
• Compensation for stress and suffering
• Injunctive relief in the workplace
• Attorney’s fees and court costs

North Dakota state laws also include some additional penalties for employers who violate discrimination and wrongful termination laws:

Jury duty – Class B misdemeanor, with fines of up to $1,000 and/or 30 days in jail; may also be liable for up to 6 weeks of lost wages, attorney’s fees, and reinstatement

Garnishment – for wrongful termination, liable for double lost wages and reinstatement; for failure to comply with child support withholding orders, contempt of court, liable for missing payment, legal costs, interest, and attorney’s fees; noncompliance for 7 days may result in late fees of $25 to $75 per business day; more than 14 days, liable for $200 or more in damages, legal costs, interest, and attorney’s fees

Whistleblower – Class B misdemeanor

North Dakota provides not only federal and state laws prohibiting discrimination and wrongful termination, but legal means for pursuing relief, compensation, and restitution.  However, because of the number of laws and the specific parameters of application, it may be wise to enlist the help of an experienced employee rights lawyer to make sure all of those statutes are thoroughly and correctly applied.

Local Resources

Human Rights Division

Department of Labor
Bismarck, ND           
701-328-2660
800-582-8032
www.nd.gov/labor