34-03 Termination of Employment - North Dakota Statutes

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CHAPTER 34-03TERMINATION OF EMPLOYMENT34-03-01.Termination of employment at will - Notice required.An employmenthaving 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; or4.The employee's legal incapacity to act.34-03-03.Termination of employment not coupled with an interest.Everyemployment 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; or2.The employer's legal incapacity to contract.34-03-04.Continuance of employment required after death or incapacity ofemployer - 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 theemployee 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 toperform. 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 obligationsby 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Repealed byS.L. 1961, ch. 233,