In most instances, an employment contract will not state its expiration date. In such a case, the contract may be terminated at any time by either party. If the employment contract does not have a definite duration, it is terminable at will. This is called employment at will. Under the employment at will doctrine, the employer has historically been allowed to terminate the contract at any time for any reason or for no reason. Some State Courts and some State Legislatures have changed this rule by limiting the power of the employer to discharge the employee without cause.
At-will employment is a legal concept that is prevalent in most states in the United States, including North Dakota. It refers to the employer's ability to terminate an employee's contract for any reason and at any time, without needing to provide a specific cause or advance notice. Similarly, employees have the freedom to resign from their job without any explanation or prior notice. In North Dakota, the At-will Employment Agreement is the default employment relationship unless stated otherwise in a written contract between the employer and employee. This agreement allows either party to terminate the employment relationship at any time, without needing to establish a just cause or any reason for the termination. It is worth mentioning that even without an explicit written agreement, this at-will employment relationship might be deemed to exist based on various legal principles and precedents. However, it is important to note that certain exceptions limit the at-will employment doctrine in North Dakota. For example, discriminatory terminations based on an individual's race, color, religion, sex, national origin, age, or disability are prohibited under federal and state anti-discrimination laws. Other exceptions include termination that violates an employee's employment contract, termination in retaliation for whistleblowing or filing a complaint, or when a public policy is violated. While there may not be different types of North Dakota At-will Employment Agreements per se, employers and employees are encouraged to enter into written contracts that clearly outline any deviations from the default at-will relationship. These contracts may specify the duration of employment, grounds for termination, notice period requirements, severance pay provisions, and any other conditions agreed upon by both parties. To summarize, the North Dakota At-will Employment Agreement allows employers and employees to terminate the employment relationship at any time and for any reason, unless prohibited by law or in a written contract between the parties. It provides flexibility for both parties but also imposes certain limitations on the employer's ability to terminate an employee based on discriminatory or retaliatory reasons.
