What is a wrongful termination? A wrongful dismissal in ND occurs when an employer fires and employee for an illegal discriminatory or retaliatory reason. Employees wrongfully fired from jobs did not lose employment for a fair or just reason and often suffer from negative financial and professional effects. Wrongful termination in North Dakota gives an employee grounds to file a claim or sue a former employer for compensation.
Employees wrongfully fired may not know their options or how to pursue a claim against their previous employer. It is important for workers wrongfully terminated from jobs to be aware of the rights they have to receive potential compensation and justice for their situation. Employees wrongfully terminated can feel helpless and frustrated. However, these dismissed workers should review their rights so they can pursue action and restitution.
To learn more about unlawful termination in North Dakota and how to file a claim, review the following sections:
- Types Of Illegal Termination in North Dakota
- Types Of Legal Termination in North Dakota
- At-Will Employment Exceptions in North Dakota
- Filing a Discrimination Charge With The Equal Employment Opportunity Commission in North Dakota
- Filing a Lawsuit Against Your Employer in North Dakota
North Dakota Unemployment Resources
Types of Illegal Termination in North Dakota
Reviewing the types of illegal termination of employment is a helpful way for dismissed workers to learn if their former employer broke a law. The types of illegal termination in North Dakota apply to employees fired due to characteristics of their age, race, nationality, gender, veteran status or disability. Types of unlawful terminations in ND also include any retaliatory reason for dismissal or firing an employee while an implied contract is still in place.
All the aforementioned types of illegal firing are against either a federal or state law. Employees who have experienced one of these unlawful terminations from employment should first identify the specific law broken by the former employer. When one of the types of illegal dismissal of employment is recognized and applied to the situation, the employee has found the potential cause of action to pursue a lawsuit.
Types of Legal Termination in North Dakota
Legal reasons for terminating employees in North Dakota are available for use by employers to let workers go without facing court-related consequences. The types of legal termination of employment in ND involve firing a worker due to poor job performance or letting an employee go at the end of a contract. Additional types of legal dismissal of employment include the closing of the business completely or layoffs within the company.
Claiming one of these types of legal termination in North Dakota eliminates the employee’s right to pursue legal action against the previous employer. The types of legal firing do not break any laws and the employee’s claim for compensation will be ineligible if pursued in a court of law. However, some legal reasons for terminating employees in North Dakota grant former workers eligibility to collect unemployment.
At-Will Employment Exceptions in North Dakota
Is North Dakota an at will state? While at-will employment exceptions in North Dakota are under observance by the state, it is still an at-will employment state. The exceptions to at-will employment do not disqualify the state from observing the at-will employment law.
What is employment at will? The at-will employment law allows employers or employees to terminate their relationship for any reason that does not break a law at any time either party sees fit. There are two exceptions to at-will employment observed in North Dakota, the public-policy and implied-contract exception.
The public-policy exception only allowing employers to dismiss employees if it does not violate public policy. The implied-contract exception prohibits employers from firing workers if there is an active implied contract in place.
Note: The at-will employment exceptions in North Dakota that are not recognized by the state include the covenant of good faith and fair dealing exception, which forbids employers from treating employees unfairly or with malicious intent.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in North Dakota
The first step to filing a charge of discrimination in North Dakota is to submit a claim with the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of the incident or 300 days if North Dakota enforces the same discrimination charge. If you are wondering how to file an EEOC employment discrimination claim, submission is available by mail, phone or through an online claim submittal portal.
After you file a wrongful discrimination charge, the EEOC will let you know within 10 days whether they will investigate your claim further or if they dismiss it. EEOC will dismiss a claim if you submit it after the appropriate deadline if there is not enough evidence that a law was broken or if the EEOC has no jurisdiction over the case.
The process for how to file a charge of employment discrimination involves submitting details of your experience to the EEOC. After you file a wrongful termination discrimination charge, the EEOC may first recommend a mediation program between you and your former employer for a quick settlement. If this is unsuccessful, the EEOC legal staff may pursue a voluntary settlement. However, if that process is also ineffective, the EEOC may grant you the Notice of Right to Sue your previous employer.
Filing a Lawsuit Against Your Employer in North Dakota
If you want to file a lawsuit against employers for wrongful termination in ND, the EEOC will need to grant you the Notice of Right to Sue first. When you file a lawsuit against your employer in North Dakota, you are responsible for identifying the cause of action for your claim.
After filing a wrongful termination claim against the employer, the court will ask for evidence from you, such as testimonials from witnesses at the company, documentation of events and conversations and paycheck stubs.
Can I file a lawsuit for wrongful termination? Suing for wrongful termination in North Dakota is only an option if your employer broke a law when firing you. The process for how to file a wrongful termination lawsuit can be arduous, especially if you desire substantial compensation. When filing a wrongful termination claim against an employer, it is helpful to hire an employment attorney to guide you through the process.
Last Updated: October 18, 2022