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Browse our 2 legal questions about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
In Bismarck, North Dakota, employment is generally considered "at will", meaning either the employee or the employer can end the employment relationship at any time and for any reason. However, certain exceptions exist where termination is considered unlawful or "wrongful". These situations can include termination due to discrimination, retaliation, breach of contract, or violation of public policy.
Legal advice may be needed in situations where you believe your termination was unjust or illegal. Such circumstances can include being fired due to your race, color, religion, sex, national origin, age, or disability. You may also require a lawyer if you were terminated for whistleblowing, refusing to engage in illegal activity, or for exercising a lawful right, such as taking family or medical leave. A lawyer can review your case, guide you through the legal process and represent you in court if necessary.
The North Dakota Human Rights Act protects employees from discrimination based on race, color, religion, sex, national origin, age, physical or mental disability, status with regard to marriage or public assistance, or participation in lawful activity off the employer’s premises during nonworking hours. Furthermore, if an employment contract exists, employers must abide by the terms and conditions outlined therein. Breaches of these terms may constitute wrongful termination. Lastly, the North Dakota Whistleblower Law also protects workers who report violations or suspected violations of state or federal laws, rules, or regulations.
Wrongful termination occurs when an employee is dismissed from their job for illegal reasons, which may include discrimination, retaliation, or violation of employment contracts or public policy laws.
Evidence like emails, text messages, witness testimonials, performance reviews, or documentation showing you were fired soon after making a complaint or exercising a legal right can all be used to prove wrongful termination.
If your wrongful termination claim is successful, you may possibly recover back pay, front pay, compensation for emotional distress, attorney fees, punitive damages and possibly reinstatement into your job.
Yes, you can. While "at-will" employment allows an employer to terminate you for any reason, they cannot fire you for an illegal reason such as discrimination or retaliation.
Generally, under the North Dakota Human Rights Act, a charge must be filed within 300 days of the incident. If the wrongful termination claim is based on a violation of federal law, employees have 180 days to file a charge with the Equal Employment Opportunity Commission (EEOC).
Further assistance can be sought through the North Dakota Department of Labor and Human Rights, the EEOC, and legal aid services such as the Legal Services of North Dakota. Also, there are many online platforms that provide directories of employment lawyers in Bismarck.
If you think you've been wrongfully terminated, consult with a local employment lawyer who understands wrongful termination laws in Bismarck. Gather any relevant documents, emails, or other evidence related to your termination to share with your lawyer. Remember the importance of acting promptly due to the time limitations for filing a case.
