North Dakota Termination Letter (Substance Abuse)
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FAQ
Similar to other states with such laws, North Dakota's right to work statute states that a person's right to secure employment should not be conditional on union membership (which already is enforced through federal labor law).
North Dakota is an employment-at-will state (ND Cent. Code Sec. 34-03-01). Therefore, an employer may generally terminate an employment relationship at any time and for any reason, unless an agreement or law provides otherwise.
Wrongful Termination in North DakotaThe employee can sue for such things as lost pay, lost benefits, emotional and punitive damages, and attorney fees.
Right-to-Work States Encourage Economic Growth Both companies and workers benefit from a better economy, as wages and corporate earnings increase. Studies have found that right-to-work laws increased manufacturing employment by approximately 30 percent.
Under the employment-at-will doctrine, an employer can generally fire an employee for any reason or for no reason at all. However, employers cannot terminate employees for reasons that would violate federal, state, or local anti-discrimination laws.
It is therefore possible to dismiss even on a first offense and without any prior warnings having been issued, but that will depend on the severity of the offense, the circumstances under which it was committed, and the provisions of the employer's Disciplinary Code.
(It is good etiquette, although not legally required, for an employee to give two weeks' notice before leaving.) Unless there is an employment contract saying otherwise, North Dakota law considers all employment relationships to be at will.
You may contact the Guardianship Establishment Program at (701) 328-4613 and carechoice@nd.gov . (See Guardianship Establishment Funds Protocol.) The application for this program MUST be submitted to the North Dakota Department of Human Services. DON'T file the application with a North Dakota state district court.
The states that have laws against union membership as a condition of employment are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas,
