North Dakota Employment Contract: Definition, Key Considerations

Quick Facts — Employment Contract Lawyers

What is a North Dakota Employment Contract?

A North Dakota employment contract is a legally binding contract entered into by an employer and an employee. The purpose of the contract is to lay out the terms of employment for the new employee and establish rights and responsibilities for both parties.

Common employment issues that are negotiated and included in employment contracts include:

  • Job duties and responsibilities
  • Salary
  • Benefits like health insurance and retirement packages
  • Causes for termination
  • Company procedures and policies

Some employment contracts include restrictive covenants like non-disclosure and non-compete clauses, but these types of clauses are difficult to enforce under North Dakota laws.

Are Employment Contracts Enforceable in North Dakota?

Basic employment agreements that cover job duties, salary, and other terms of employment are enforceable in North Dakota and are governed by contract laws. Non-compete agreements, however, are usually unenforceable in North Dakota.

North Dakota laws prohibit agreements that restrain anyone from exercising a lawful business or profession. The Supreme Court of North Dakota has also recognized the state’s strong public policy against these types of restrictive covenants. Non-compete agreements are heavily regulated and unless they meet very strict requirements, they will not be enforced.

What Are the Legal Requirements for North Dakota Employment Contracts?

North Dakota employment contracts can be written or oral, however these contracts are subject to the Statute of Frauds. If the terms of the contract can not be completed within a year, the contract must be in writing.

Types of North Dakota Employment Contracts

There are several types of employment contracts that may be used by a North Dakota employer. The contract type depends on the type of employee being hired and the work that needs to be completed.

Common types of employment contracts include:

  • Permanent employee contracts
  • Fixed term employee contracts
  • Independent contractor employee contracts
  • Subcontractor employee contracts

Frequently Asked Questions

How do I hire a lawyer to draft an employment contract in North Dakota?

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Morgan N. on ContractsCounsel
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Member Since:
March 24, 2023

Morgan N.

Attorney
Free Consultation
North Dakota and Minnesota
5 Yrs Experience
Licensed in ND MN
Mitchell Hamline School of Law

Morgan is a real estate attorney with six years of experience in residential, land, and commercial real estate transactions. He has experience assisting municipalities, businesses, buyers and sellers in real estate related matters. He has worked on various projects including purchase agreements, contract for deed, easements, mortgages, access agreements, contract/lease review and also title review. Prior to entering private practice, Morgan was a Realtor and assisted buyers and sellers in residential sales and closing services. Morgan provides proactive, responsive and dependable work to each client and project.

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Lawyer Reviews for North Dakota Employment Contract Projects

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"Quick completion time and detailed responses and reasoning for edits."

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"Quick, concise.. even worked weekends to accomplish the task. Thank you"

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"Provided quick help with an agreement."

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Lauren F. on ContractsCounsel
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4.3 (1)
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Lauren F.

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Former partner in mid-size firms, now a solo practitioner, with over a decade of experience in commercial real estate, including leasing, acquisition and disposition, and real estate finance.

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Calvin N. on ContractsCounsel
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Calvin Nyo is an accomplished, driven, personable attorney in the state of California. Clients who work with Calvin know they can rely on him to be punctual, accountable and to work diligently on their behalf. Calvin received his Juris Doctor from the California Western State of Law (CWSL) in San Diego, California with honors, Cum Laude in 2023. Calvin has over 10 years of experience in the Automotive industry managing sales, contract negotiation, and business engagements. In addition, Calvin has had the invaluable experience of working for the Department of Child Support Services. Broadening his areas of practice to include child support and family law generally. Calvin’s professional background in both sales and child support uniquely equips him to see and support the individualized needs of you and your business with a keen eye. Outside of his legal work, Calvin is a Army National Guard Veteran who enjoys cooking, surfing, and camping in his free time.

JOANNE B. on ContractsCounsel
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Employment

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Asked on Apr 15, 2023

What should be included in my employment contract?

I am a small business owner looking to hire an employee for the first time. I have never written an employment contract before, so I am unsure of what should be included in the contract to ensure that it is legally binding and protects both the employee and me. I am looking for advice on what should be included in the contract to ensure that my interests and those of my employee are adequately protected.

Donya G.

Answered Apr 18, 2023

Hello, Congratulations on your business. Here are some things that need to be in the agreement - amount you will pay them, when you will pay, the term of the employment, confidentiality, non solicit. Since you have never done this before, I would like to suggest that you hire an attorney to get it done to ensure it is done correctly. I am a NY attorney with over 20 years of experience. I assist small businesses like yours with their employment, vendor, investment and all their contract needs. I would love to assist you. You can contact me on the Contracts Counsel website or on my personal page - Donya Gordon Looking forward to talking to and working with you Sincerely Donya Gordon

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Asked on Feb 23, 2023

Do I have to provide my employees with a paycheck stub?

We find employee pay stubs laying around in the warehouse and left in company vehicles

Diane D.

Answered Mar 21, 2023

Florida doesn't require employers to provide a pay stub with a paycheck, nor do they have to offer them in electronic format. Pay stub legislation in Florida instead defaults to federal laws under the Fair Labor Standards Act (FLSA).

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Asked on Apr 12, 2023

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Joseph M.

Answered May 12, 2023

Paid Time Off (PTO) is essentially days (or even hours) that the employee is not required to work but the employer still pays the employee for those hours. It can be awarded in a lump sum in advance, or earned and accumulated over time, dependent on the terms of the employment agreement. PTO may be granted in addition to or in lieu of vacation days, sick days, etc, again depending on the unique employment agreement.

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Employment

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Asked on Oct 4, 2022

Are employment contracts confidential?

I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.

Donya G.

Answered Nov 1, 2022

Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon

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Arbitration

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Asked on Apr 27, 2023

What's the arbitration agreement in an employment contract?

I am currently in the process of negotiating an employment contract with a new employer. I am concerned about the arbitration agreement in the contract, as I am not sure what it is or how it could affect me in the future. I want to make sure that I understand the implications of the arbitration agreement before signing the contract.

Gagandeep K.

Answered May 27, 2023

An arbitration agreement is a legally binding contract between two parties or more so in this case between you and the employer. In the Arbitration Agreement both parties agree to use alternative dispute resolution (e.g., mediation, settlement conferences, neutral evaluation, arbitration) rather than pursuing civil court litigation in case a dispute arises. The Arbitration Agreement typically describes the scope of the disputes covered as well as the process, procedure and other requirements related to arbitration. You can read more about Arbitration Agreement here https://www.contractscounsel.com/t/us/arbitration-agreement.

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