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North Dakota Employment Law Questions & Answers
Q: I'm hearing impaired and applied for a job and they denied me because of my hearing. They are a large oil company.

They did the interview and and all went well and then they found out I was hearing impaired and said they wouldn't hire me because of my hearing issues and when I asked if there was anything I could do with them that my hearing wouldn't pose a problem and that im open to do any work I can... View More

James L. Arrasmith
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answered on Jan 12, 2024

Under U.S. federal law, specifically the Americans with Disabilities Act (ADA), it is generally illegal for an employer to deny employment based solely on a disability, including hearing impairment, especially if the employer has 15 or more employees. This law requires employers to provide... View More

1 Answer | Asked in Employment Law for North Dakota on
Q: Is memorandum of understanding for tuition payment between employee/employer legally binding if the employee quits?

My employer paid part of my tuition and had me sign an MOU stating I would pay it back in full if my employment ended within 5 years of completing school. Is that legally binding if I quit or if I’m fired?

T. Augustus Claus
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answered on Dec 14, 2023

In North Dakota, the enforceability of a Memorandum of Understanding (MOU) outlining tuition repayment upon employment termination depends on the specific terms in the agreement and relevant state laws. Generally, contracts like MOUs are binding, but whether repayment remains valid if you quit or... View More

1 Answer | Asked in Employment Law for North Dakota on
Q: Can an employer force me to stay at work after my scheduled shift ends? I work at a hotel at the front desk.
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 21, 2023

As long as you are paid for all of the hours you work, including at an overtime rate for all hours over 40 in a workweek if you are paid by the hour, then your employer can change or extend your schedule with or without notice to or approval by you.

1 Answer | Asked in Employment Discrimination and Employment Law for North Dakota on
Q: How do I handle harrassment in the work place when it is not considered discrimination?

I am a white, single, gay female. I have no reason to be discriminated against (my employers don't care about me being gay). But that doesn't change the fact that they have been singling me out, holding me to different standards compared to my co workers. I've reported multiple... View More

Carrie Dyer
Carrie Dyer
answered on Jan 27, 2021

There is not a lot you can do about verbal harassment that is not based upon your membership in a protected class, aside from reporting it to your supervisor and Human Resources. However, if you are experiencing lasting health complications as a result of COVID, you may be eligible for... View More

2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for North Dakota on
Q: What can I do about harrassment in the workplace? HR and state are not doing anything.

I work for a healthcare company and they have singled me out more than once, along with other CNAs, threatened to fire me over being sick and having car problems. And said if I was sick one more time or late due to car problems I would be fired.

Kyle Anderson
Kyle Anderson
answered on Jan 21, 2021

Hello, more information is needed here. General sickness is not protected under any federal law. If your illness is caused by a condition that qualifies as a disability under the Americans with Disabilities Act, you may have some level of protection. There is no protection for car issues. I would... View More

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1 Answer | Asked in Employment Law for North Dakota on
Q: If I signed a non compete contract for a business in Minnesota, is it still valid if I move to North Dakota?
Lucas Wynne
Lucas Wynne
answered on Jan 16, 2019

Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you... View More

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Employment Law for North Dakota on
Q: Is a k9 sniff sufficient probable cause to search a stopped vehicle
Lucas Wynne
Lucas Wynne
answered on Mar 26, 2018

Do not post any additional information about your case online. You do not want to reveal enough information for the police to identify you. Instead, contact a criminal defense lawyer for help. Many attorneys like myself offer free consultations. The answer to your question depends on the particular... View More

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1 Answer | Asked in Employment Law for North Dakota on
Q: I recently quit my job and filled out separation papers on my last day. My former boss apparently shared my answers.

I was texting with a former co-worker about it later that night and he said through text that they had openly shared some of my written answers with other employees and were laughing about what I had said. This is confidential information, right? Do I have any kind of case here?

Lucas Wynne
Lucas Wynne
answered on Mar 8, 2018

Let's say that you hypothetically had a case of action due to some form of breach of confidentiality claim - the question to ask is what that case would be worth. The best way to answer that question is to determine how sensitive the information was and whether it was subject to some form of... View More

1 Answer | Asked in Employment Law and Workers' Compensation for North Dakota on
Q: how do I collect permanant disability payments
Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You retain a workers' compensation attorney.

2 Answers | Asked in Employment Law, Personal Injury, Workers' Compensation and Car Accidents for North Dakota on
Q: I have a work comp case in Nd. Will there be a cash settlement after I have recovered from my broken back or maybe not
Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

There is no way to predict the outcome of your case. You should hire a lawyer.

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