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The Warn Act: Warning of Layoffs to Employees - The Federal and California Law. The Worker Adjustment and Retraining Notification Act (WARN Act) is a federal act that requires certain employers to give advance notice of significant layoffs to their employees.
If you've been in your job for less than a month, you don't have to give notice unless the contract or terms and conditions require you to. If you've been in your job for more than 1 month, you must give at least 1 week's notice. It's best to resign in writing, so there's no argument about when you did it.
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.
Sixteen states, with New Jersey being the most recent addition and New York soon to follow, currently have laws requiring advance notice to employees or others in the event of worksite closings or large layoffs.
Overview of State Mini-WARN LawNorth Dakota has no mini- Worker Adjustment and Retraining Notification Act. However, the North Dakota Administrative Code requires employers to provide notice of mass layoffs: To the public employment service (Job Service North Dakota) office closest to the workers' place of employment.
North Dakota law generally requires an employer to pay covered employees overtime at a rate of one and one-half times the regular rate for all hours worked in excess of 40 hours in a workweek. An employer must calculate overtime on a weekly basis regardless of the length of the pay period.
(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.
The Department enforces state laws pertaining to youth employment, which establish a minimum age of 14 to be employed in North Dakota, and place certain limitations on the employment of teens ages 14 and 15.
It's normal (but not a legal requirement) to give two weeks of notice. However, a "reasonable" resignation period is based on several factors. These include the employee's position, length of service, pay, and time it would likely take to replace the employee.
Accept any letter of resignation graciously and file it immediately. (If it is not dated and signed, ask the employee to date it and sign it). Do not prepare, edit, or rewrite the language of the letter of resignation; the employee should prepare the letter.