Wrongful Termination in North Dakota (2026): Laws, Deadlines, How to File

North Dakota is an at-will state: under N.D.C.C. 34-03-01, "An employment having no specified term may be terminated at the will of either party on notice to the other, except when otherwise provided by this title." A firing is wrongful only when it breaks a specific statute, a contract or a public policy that North Dakota courts protect. The main state statute is the North Dakota Human Rights Act (N.D.C.C. chapter 14-02.4), which makes it a discriminatory practice to discharge an employee because of a protected trait, and covers employers with one or more employees.

The Human Rights Act gives you 300 days to act, and you can go to the state agency or straight to district court. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers North Dakota law on firing private-sector employees: the North Dakota Human Rights Act (N.D.C.C. chapter 14-02.4), the whistleblower statute (N.D.C.C. 34-01-20), the public-policy and contract rules of the North Dakota Supreme Court, and narrower statutes on workers' compensation, jury and witness service, equal pay and wage complaints, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see North Dakota severance pay laws.

Is North Dakota an at-will state?

Yes. N.D.C.C. 34-03-01 lets either side end employment with no specified term "on notice to the other," subject to the exceptions in title 34 and other statutes. Our research found no North Dakota statute requiring an employer to have just cause. For the doctrine in more detail, see North Dakota at-will employment laws.

Grounds for a wrongful termination claim in North Dakota

Discrimination under the North Dakota Human Rights Act

N.D.C.C. 14-02.4-03(1) says: "It is a discriminatory practice for an employer to fail or refuse to hire an individual; to discharge an employee; or to accord adverse or unequal treatment ... because of race, color, religion, sex, national origin, age, physical or mental disability, status with respect to marriage or public assistance, or participation in lawful activity off the employer's premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer." The same section also requires reasonable accommodation for disability, pregnancy and religion (14-02.4-03(2)).

Definitions that matter. "Age" means at least 40 years (14-02.4-02(1)). "Sex" includes pregnancy, childbirth and related disabilities (14-02.4-02(18)), and the act defines sexual harassment as discrimination on the basis of sex (14-02.4-02(6)).

Who is covered. Under N.D.C.C. 14-02.4-02(8), "employer" means "a person within the state who employs one or more employees for more than one quarter of the year and a person wherever situated who employs one or more employees whose services are to be partially or wholly performed in the state." That reaches small employers that federal law does not: Title VII and the ADA start at 15 employees and the federal age law at 20 (42 U.S.C. 2000e(b); 42 U.S.C. 12111(5); 29 U.S.C. 630(b)). The employment sections do not apply to employment by a close family member (parent, grandparent, spouse, child or grandchild) or to domestic service (14-02.4-10(1)).

Off-duty conduct. Firing someone for lawful activity off the employer's premises during nonworking hours is a discriminatory practice unless that activity directly conflicts with the employer's essential business-related interests (14-02.4-03(1)). N.D.C.C. 14-02.4-08 provides a bona fide occupational qualification exception. The statute does not mention marijuana or tobacco.

What is not listed. The act does not list sexual orientation, gender identity, veteran status or health status. A 2025 bill to add "health status" (HB 1391) failed in the Senate, 17 to 29. Federal law still applies: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII," which covers employers with 15 or more employees. The EEOC charge deadline in North Dakota is 300 days (see the deadlines section). Our research did not cover city ordinances in North Dakota; check with the city where you worked.

Public employers and pronouns. N.D.C.C. 14-02.4-15.2 bars government entities from requiring or prohibiting employees' use of preferred pronouns in work-related communications and gives a private right of action with fees. It applies to government employers only.

Retaliation for opposing discrimination

The Human Rights Act has its own retaliation section, N.D.C.C. 14-02.4-18. The Department of Labor and Human Rights has a page on employment retaliation.

Age: the criminal statute

Separately from the Human Rights Act, N.D.C.C. 34-01-17 bars discharge "solely upon the ground of age" when the reasonable demands of the position do not require it, and makes a violation a class B misdemeanor. That section states no civil remedy; the Human Rights Act is the civil route for an age claim.

Firing that violates public policy

The North Dakota Supreme Court allows a tort claim for a firing that breaks a public policy the Legislature has expressed:

• Workers' compensation claims. In Krein v. Marian Manor Nursing Home, 415 N.W.2d 793 (N.D. 1987), the court agreed "that the retaliatory discharge of an employee for seeking workmen's compensation violates public policy in North Dakota," a policy expressed in the workers' compensation act, and held the employee may sue in tort.
• Honoring a subpoena. In Ressler v. Humane Society of Grand Forks, 480 N.W.2d 429 (N.D. 1992), the court held that "the public policy of North Dakota prohibits an employer from discharging an employee for honoring a subpoena and for testifying truthfully," drawing that policy from the criminal statutes on failing to obey a subpoena, refusing to testify and making false statements, and reversed summary judgment for the employer.

Deadline. No North Dakota case our research found decides which limitations period governs this tort. The general six-year period for "any other injury to the person or rights of another not arising upon contract" (N.D.C.C. 28-01-16(5)) is a candidate, but do not rely on it; get legal advice promptly rather than assume a long deadline.

Workers' compensation retaliation by statute

Apart from Krein, N.D.C.C. 65-05-37 makes an employer that "willfully discharges or willfully threatens to discharge an employee for seeking or making known the intention to seek workforce safety and insurance benefits" liable in a civil action for the employee's damages, "including reasonable attorney's fees." Those damages are not offset by WSI benefits, and a willful violation is a class A misdemeanor. The section states no filing deadline. For the benefits side, see North Dakota workers' compensation laws.

Whistleblowing

N.D.C.C. 34-01-20 bars an employer from discharging, disciplining, threatening or penalizing an employee who:

• in good faith reports a violation or suspected violation of federal, state or local law to an employer, a governmental body or a law enforcement official;
• is asked by a public body or official to take part in an investigation, hearing or inquiry; or
• refuses an order the employee believes violates the law, where the belief has "an objective basis in fact" and the employee tells the employer that is the reason for refusing.

The employee may sue for injunctive relief or actual damages "within one hundred eighty days after the alleged violation, completion of proceedings under subsection 4, or completion of any grievance procedure available ..., whichever is later" (34-01-20(3)). A court may order reinstatement, back pay up to two years, fringe benefits and an injunction, and may award the prevailing party attorney's fees; interim earnings from the same employer reduce back pay. To get the Department of Labor and Human Rights' help, file a complaint with it "within three hundred days after the alleged act of wrongdoing"; that filing is not required before suing (34-01-20(4)).

If you have a collective bargaining agreement, employment contract or public-employee grievance process, you must exhaust it first, and if that process ends in judicial review by statutory appeal, the 34-01-20(3) lawsuit is not available. A willful violation is an infraction (34-01-20(2)). More on North Dakota whistleblower laws.

Jury and witness service

N.D.C.C. 27-09.1-17 protects an employee who receives a summons or subpoena, responds to it, or serves as a juror or witness. An employee fired in violation may bring a civil action "within ninety days" for lost wages and reinstatement. "Damages recoverable may not exceed lost wages for six weeks," and a prevailing employee recovers an attorney's fee. A violation is also a class B misdemeanor.

Equal pay and wage complaints

• Equal pay. Under N.D.C.C. 34-06.1-03(4), an employer "may not discharge or discriminate against an employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this chapter, except when proven that the act of the employee is fraudulent." The employee may sue in district court, and in a case of violation the court allows a reasonable attorney's fee and costs (34-06.1-05(2)); the court may order reinstatement of an employee discharged in violation (34-06.1-05(4)). Suit is due within two years, tolled while a complaint first filed with the commissioner is investigated (34-06.1-06). A violation is a class B misdemeanor (34-06.1-09).
• Minimum wage and hours testimony. N.D.C.C. 34-06-18 bars discharge "because such employee has testified or is about to testify, or because such employer believes that the employee may testify, in any investigation or proceeding under or relative to this chapter." A violation is a class B misdemeanor (34-06-19).

The research did not find a filing deadline in 34-06-18 or 34-06-19.

Wage garnishment and child support withholding

• Garnishment. N.D.C.C. 32-09.1-18 says: "No employer may discharge any employee by reason of the fact that earnings have been subjected to garnishment or execution." The employee may sue within 90 days of discharge for twice the lost wages and an order requiring reinstatement.
• Child support withholding. An employer that dismisses an employee on account of a child support collection proceeding or an income withholding order is liable for damages, costs, interest and reasonable attorney's fees, and may be required to make full restitution, including reinstatement and back pay (N.D.C.C. 14-09-09.3(3)).

Firearms in vehicles

N.D.C.C. 62.1-02-13 bars a public or private employer from prohibiting an employee from keeping a lawfully possessed firearm locked inside or locked to a private vehicle in a parking lot, and from terminating an employee "for exercising the constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes." An aggrieved person may sue, and the court awards costs and attorney's fees to the prevailing party. The prohibitions do not apply to school property, correctional facilities, employer-owned vehicles, the state hospital, or sites involving national defense, aerospace, homeland security or explosives, among other listed exceptions, and the section states no filing deadline.

Smoke-free workplace complaints

N.D.C.C. 23-12-10(5) makes it a class B misdemeanor to fire an employee for asserting rights under the smoke-free law or reporting a violation. It states no civil remedy.

Military service

N.D.C.C. 37-01-25 and 37-01-25.1 cover officers and employees of the state and its political subdivisions only. A returning public employee who applies within 90 days after discharge from service "is immune to discharge ... except for cause" for one year, with an appeal to the department of veterans' affairs. Private-sector reemployment is governed by federal USERRA, which bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)).

National Guard and Civil Air Patrol emergency response. Under N.D.C.C. 37-29-03, an employer may not fire or demote a National Guard member or Civil Air Patrol volunteer for being absent or late while responding to a disaster or emergency, if the employee made reasonable efforts to notify the employer. Except for an involuntarily activated Guard member, the protection does not cover absences beyond 20 regular working days in a calendar year, and an employer can take the protection away in advance by notifying the employee, before the employee reports for duty, that the employee's services are essential: a public agency or a private entity that performs critical emergency services can do so if the absence would cause undue hardship or leave the employer unable to provide critical emergency services during a disaster or emergency, and any private employer can do so if no one else can do the work and the absence could cause irreparable harm to or permanent closure of the business (37-29-04). The employee may sue within one year for reinstatement, back wages, fringe benefits and seniority rights.

Contracts and handbooks

Handbook promises can matter. In Sadler v. Basin Electric Power Cooperative, 409 N.W.2d 87 (N.D. 1987), an employee fired by a letter citing reorganization relied on handbooks stating "permanent employees cannot be terminated without a just cause" and a supervisor's statement that after a 90-day probation he could be dismissed only for cause; the North Dakota Supreme Court affirmed in part, reversed in part and remanded the contract claim.

A contract claim has six years: N.D.C.C. 28-01-16(1) covers "an action upon a contract, obligation, or liability, express or implied."

No general duty of good faith

In Hillesland v. Federal Land Bank Ass'n of Grand Forks, 407 N.W.2d 206 (N.D. 1987), the court said: "We refuse to recognize a cause of action for breach of an implied covenant of good faith and fair dealing where, as in this case, the claimant relies upon an employment contract which contains no express term specifying the duration of employment." It reasoned that the Legislature "has clearly spoken in Section 34-03-01."

What our research did not find

Our research did not find a North Dakota paid sick leave or family leave statute in the labor chapters it read, and found that N.D.C.C. 16.1-01-02.1 only encourages employers to let employees be absent to vote, with no anti-retaliation remedy. It did not cover state protections for crime victims or false-claims reporting. Federal rules apply regardless: the FMLA bars firing for opposing practices it makes unlawful at employers with 50 or more employees (29 U.S.C. 2611(4), 2615(a)(2)), and the Fair Labor Standards Act bars firing an employee for filing a complaint under it (29 U.S.C. 215(a)(3)).

Constructive discharge in North Dakota

Our research did not find a North Dakota Supreme Court opinion setting a test for constructive discharge (quitting because conditions became intolerable). Whether a resignation counts as a firing under North Dakota law is a question to put to a lawyer.

Wrongful termination deadlines in North Dakota

The EEOC deadline. The EEOC's Chicago District Office lists North Dakota among the states where an individual has "300 days from the date of alleged harm" to file a charge against an employer with 15 or more employees, or 20 or more for age. The Chicago page and the EEOC's Minneapolis Area Office page both say charges against smaller employers must be filed with the appropriate state or local agency within the time set by state or local law. For North Dakota that is the Human Rights Act's 300-day period in N.D.C.C. 14-02.4-19(2); both EEOC pages quote a different, shorter figure for North Dakota, but the statute controls the state claim.

Bargaining agreements and contracts. If a collective bargaining agreement, employment contract or public-employee rights process offers recourse for the discrimination, it must be exhausted to completion before suing (14-02.4-19(5)). The suit deadline is then 90 days from completion of that process, or 90 days from a department dismissal or probable cause determination, whichever is greater. Where no statutory appeal exists, a request for an administrative hearing is due within 20 days of the dismissal or probable cause determination.

Where to file in North Dakota

The state agency. The North Dakota Department of Labor and Human Rights (Human Rights Division) takes employment discrimination charges. Its page says "you must file your charge no later than 300 days from the 'last date of harm'." It is at 600 East Boulevard Ave Dept 406, Bismarck, ND 58505-0340, phone 701.328.2660 or 1-800-582-8032.

Agency or court: you choose. Under N.D.C.C. 14-02.4-19(2), you "may file a complaint of discriminatory practice with the department or ... may bring an action in the district court," either within 300 days of the act. If you sue while a department complaint on the same acts is pending, the department action "must be dismissed immediately" (14-02.4-19(4)).

The EEOC. Federal charges can be filed through the EEOC Public Portal, or by phone at 1-800-669-4000 when a deadline is near. Our research did not confirm whether a charge filed with the North Dakota department is automatically filed with the EEOC, so if you want to keep a federal claim, ask both agencies.

What the department or a court can award

Under N.D.C.C. 14-02.4-20, the department or a court may "enjoin the respondent ... and order temporary or permanent injunctions, equitable relief, and backpay limited to no more than two years from the date a minimally sufficient complaint was filed with the department or the court." Interim earnings, or amounts you could have earned with reasonable diligence, reduce back pay.

"Neither the department nor an administrative hearing officer may order compensatory or punitive damages under this chapter." That sentence names only the department and the hearing officer; our research did not confirm whether a district court may award compensatory damages under the act. The chapter lists no punitive damages remedy, and states no dollar cap.

Attorney's fees run both ways. "The court may grant the prevailing party a reasonable attorney's fee as part of the costs." If a complainant's allegation is "false and not made in good faith," the court "shall order the complainant to pay court costs and reasonable attorney's fees incurred by the respondent" (14-02.4-20).

Federal law. Title VII and the ADA cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size, with back pay outside the cap (42 U.S.C. 1981a(b)(3)). The wrongful termination guide lists the tiers.

Practical steps after a firing in North Dakota

Write down the date you were fired, who told you, the reason given, and any complaint, workers' compensation claim, report, subpoena or jury summons involved, and keep copies of messages, reviews and the termination notice. Our research found no North Dakota statute requiring an employer to give a reason for a firing or a service letter, and no statute giving private employees access to their personnel file. The shortest state clocks are often the 90 days for a jury or witness firing or a garnishment firing; the whistleblower suit deadline is 180 days and the Human Rights Act deadline is 300 days.

If the employer offers money in exchange for a release, read it before signing: a release can give up the claims described here. Our North Dakota severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes and pending bills

The current North Dakota Century Code chapters retrieved on October 10, 2026, show the same 300-day deadline, 90-day suit deadline, two-year back-pay limit and protected-class list described above.

• Failed: 2025 HB 1391, which would have added "health status" to chapter 14-02.4, failed to pass the Senate, 17 to 29.

Related

• Wrongful termination laws by state
• North Dakota at-will employment laws
• North Dakota whistleblower laws
• North Dakota workers' compensation laws
• North Dakota severance pay laws

Disclaimer: This article provides general legal information about North Dakota wrongful termination law (the North Dakota Human Rights Act, N.D.C.C. 34-01-20, the public-policy and contract rules of North Dakota courts, and N.D.C.C. 65-05-37, 27-09.1-17, 34-06.1-03 and 34-06-18) and the federal laws that apply in North Dakota. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the North Dakota Department of Labor and Human Rights, the EEOC, a legal aid office or a lawyer licensed in North Dakota.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in North Dakota?

Only if the firing broke a specific law or agreement, such as the North Dakota Human Rights Act, the whistleblower statute (N.D.C.C. 34-01-20), a contract, or the public-policy rule from Krein (1987) and Ressler (1992). North Dakota is otherwise at-will under N.D.C.C. 34-03-01.

How long do I have to file a discrimination complaint in North Dakota?

300 days from the act, whether you file with the Department of Labor and Human Rights or sue directly in district court (N.D.C.C. 14-02.4-19(2)). The EEOC's Chicago District Office says the federal charge deadline in North Dakota is also 300 days.

Do I have to file with the state agency before suing in North Dakota?

No. N.D.C.C. 14-02.4-19(2) lets you file with the department or sue in district court. If you file with the department first, you have 90 days to sue after it dismisses the complaint or issues a written probable cause determination (14-02.4-19(3)). If a bargaining agreement or contract offers a grievance process, you must exhaust it first (14-02.4-19(5)).

How many employees does a North Dakota employer need to be covered?

One or more. N.D.C.C. 14-02.4-02(8) defines an employer as a person employing one or more employees for more than one quarter of the year. Federal Title VII and the ADA start at 15 employees.

Can I get punitive damages for discrimination in North Dakota?

Not under the Human Rights Act. N.D.C.C. 14-02.4-20 authorizes injunctions, equitable relief and back pay limited to two years, and bars the department and hearing officers from ordering compensatory or punitive damages. Federal Title VII and ADA claims allow capped compensatory and punitive damages.

Can I be fired for filing a workers' comp claim in North Dakota?

N.D.C.C. 65-05-37 makes an employer that willfully fires an employee for seeking workforce safety and insurance benefits liable for damages and attorney's fees, and Krein v. Marian Manor (1987) recognized a public-policy tort for the same kind of firing.

Is it illegal to fire someone for being gay in North Dakota?

The North Dakota Human Rights Act does not list sexual orientation or gender identity. Federal law does cover it: in Bostock v. Clayton County (2020), the U.S. Supreme Court held that an employer who fires someone merely for being gay or transgender violates Title VII, which applies to employers with 15 or more employees; the EEOC charge deadline in North Dakota is 300 days.

Can I be fired for jury duty or testifying in North Dakota?

No. N.D.C.C. 27-09.1-17 protects jurors and witnesses and allows a civil action within 90 days, with damages limited to six weeks of lost wages, plus reinstatement and attorney's fees. Ressler (1992) also recognized a public-policy claim for firing an employee for honoring a subpoena and testifying truthfully.