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2022 North Dakota Century Code
Title 34 - Labor and Employment
Chapter 34-03 - Termination of Employment

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CHAPTER 34-03 TERMINATION OF EMPLOYMENT 34-03-01. Termination of employment at will - Notice required. 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. 34-03-02. How employment terminated. Every employment is terminated by: 1. The expiration of its appointed term; 2. The extinction of its subject; 3. The death of the employee; or 4. The employee's legal incapacity to act. 34-03-03. Termination of employment not coupled with an interest. Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of: 1. The death of the employer; or 2. The employer's legal incapacity to contract. 34-03-04. Continuance of employment required after death or incapacity of employer Exceptions. Unless the term of an employee's service has expired or unless the employee has a right to discontinue the employee's service at any time without notice, an employee shall continue the employee's service after the employee has notice of the death or incapacity of the employee's employer to such extent as is necessary to protect the interests of the employer's successor in interest from serious injury and until a reasonable time after notice of the facts has been communicated to the successor. The successor shall compensate the employee for such service according to the terms of the contract of employment. 34-03-05. Termination by employer for breach or neglect of duty or incapacity to perform. Every employment may be terminated at any time by the employer in case of any willful breach of duty by the employee in the course of the employee's employment, in case of the employee's habitual neglect of duty, or in case of the employee's continued incapacity to perform the employee's duty. 34-03-06. Employee may terminate employment because of breach of obligations by employer. Every employment may be terminated by the employee at any time in case of any willful or permanent breach of the obligations of the employee's employer to the person as an employee. 34-03-07. Compensation of employee after discharge for cause. Repealed by S.L. 1961, ch. 233, § 2. 34-03-08. Employee quitting for cause - Compensation. Repealed by S.L. 1961, ch. 233, § 2. 34-03-09. Compensation of employees upon termination of employment. An employee who quits the service of the person's employer for good cause and an employee who is dismissed by the person's employer for good cause are entitled to such proportion of the compensation which would have become due upon full performance of the contract of employment as the services already rendered by such employee bear to the services the employee was obligated to render had the contract of employment been fully performed. Page No. 1 34-03-10. COVID-19 vaccination requirements - Exemptions. (Repealed effective August 1, 2023) 1. As used in this section, the term "COVID-19" means severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2 and any mutation or viral fragments of SARS-CoV-2. 2. If an employer or contractor requires an employee, prospective employee, or independent contractor in this state to be vaccinated against COVID-19 as a condition of employment or a term of a contract: a. The employer or contractor shall allow the employee, prospective employee, or independent contractor to submit proof of COVID-19 antibodies as an exemption to the vaccination requirement. Such proof is valid for six months from the date of the antibody test. b. The employer or contractor shall allow the employee, prospective employee, or independent contractor to submit to periodic COVID-19 tests as an exemption to the vaccination requirement. c. The employer or contractor shall allow the employee, prospective employee, or independent contractor to submit one of the following certificates as an exemption to the vaccination requirement: (1) A certificate from a North Dakota licensed physician, physician assistant, or advanced practice registered nurse stating the physical condition of the employee, prospective employee, or independent contractor is such that immunization would endanger the life or health of the employee, prospective employee, or independent contractor; or (2) A certificate signed by the employee, prospective employee, or independent contractor stating the employee's, prospective employee's, or independent contractor's religious, philosophical, or moral beliefs are opposed to such immunization. 3. This section does not apply to the extent an employer or an independent contractor is required to comply with federal law, rules, or guidance relating to requirements for vaccinations for COVID-19 or resulting from Title 42, Code of Federal Regulations, part 416 et seq. [86 FR 61555 et seq. (2021)]; Title 29, Code of Federal Regulations, part 1910 et seq. [86 FR 61555 et seq. (2021)]; or the presidential executive order on ensuring adequate COVID safety protocols for federal contractors, issued September 9, 2021. Page No. 2
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