North Dakota labor law is an employment at will state. An employment at will can easily be defined as the right of either the employee or the employer can end can end their employment relationship at any time with or without a reason. Just like any law there are exceptions to this. Some of those exceptions would be if the employee is under a collective bargaining agreement or any other employment contract. Other reasons would be that an employer is prohibited from any type of discriminatory practice against individuals for such things as race, age, national origin, religion, disability, color, or sex. Please check with an employment law attorney if you have any questions about what other protections an employee may have.
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North Dakota labor law also prohibits an employer from asking certain types of questions during an employment interview that have nothing to do with the position. Although it would take forever to list all questions that may be prohibited, I will just give you a couple of examples;
Are you married or are-you going to get married?
Do you have any children or do you plan on having children?
Tell me where were you born?
Have you ever been arrested for anything?
As you can see asking any of these questions does not have anything to do with the specific job you have. Yes, there are always exceptions to everything, but as a general rule you would not want to ask any of them, unless you can tie it directly to the position. This does not include that you want to know so that your health insurance rates over all will not go up. That has nothing to do with the position.
On the other hand, North Dakota labor law does allow for you to ask questions like;
Have you ever been convicted of a crime?
If you are offered a position would you be able to provide evidence that you are permitted to work in the United States?
If you are offered a position would you be able to perform the duties without, or with, reasonable accommodations?
Although some may argue that an employment at will state like the North Dakota labor law has is jeopardized by having an employment handbook, I would suggest you give it some consideration. Of course. before you produce and publish one for your company, make sure you check with a labor law attorney. In the end you may not really care since you would not want to end an employment relationship unless you have good and reasonable cause to do so. For example, it would not matter if you were in an employment at will state and someone steals money out of the till and you can prove it, they are worthy of termination. Or if someone yells at a customer in a degrading fashion and you have evidence, the person is worthy of termination. So, check it out with a labor law attorney or you can find excellent employment handbook templates software that can provide great language covering all these types of situations.
North Dakota labor law falls under the federal Equal Employment Opportunity Commission when it comes to sexual harassment in the workplace. Sexual harassment is any unwelcomed sexual advances, whether verbal or physical. In addition, its is' illegal if an employer suggests that if you have a sexual relationship with them or the employee will receive a negative or positive consequence. This is referred to as "Ouid Pro Quo" or this for that. Finally, an employer can be held responsible for a hostile work environment if they permit an overly sexual work environment. My suggestion would be to always error on the side of caution in this sue happy environment that we live in today.
As I mentioned earlier it is critical that you do your own research. This information is only meant to assist you and not act as a legal guide. I would insure that I check with a reputable labor law attorney or they also have excellent legal assistance online through a number of websites.
Thank you and may God bless you.