Employment Agreement in North Dakota: Key Things to Know!
As an employer, you must protect your employees' rights and interests. The only way to achieve this is to create an employment contract in North Dakota that must be signed by you (the employer) and the employees. The contracts will ensure your new employees abide by the company rules and regulations and that you also deliver on your mandates.
What is a North Dakota Employment Contract, and What Does it Include?
An employment agreement is a legal agreement between an employer and an employee. The employer prepares the document, which outlines all the terms of employment. It is used when hiring permanent employees, temporary workers, contractors, and subcontractors.
A typical job contract agreement can have a variety of components, some of which include the following.
- Personal details of the employer and employee
- Employment type
- Job title
- Duties and responsibilities
- Performance expectations
- Company Policies
- Days off and vacation time
- Working hours
- Probationary time
- Agreed salary and benefits
- Payroll frequency
- Contract termination clause
- Non-compete and non-disclosure clauses
With many types of contracts in North Dakota, you should expect the content in each agreement to vary based on the job, employer, and kind of employee. With this, you can always expect a commission-based employment contract to differ from a permanent one.
Why Do You Need an Employment Contract?
This agreement is essential for you (the employer) and the employee. It ensures that the rights and obligations of both parties are clearly understood, ensuring a perfect employment relationship.
The contract will also minimize the chances of misunderstandings that can put your business at risk. In addition, the agreement protects the rights of both parties.
Are Employment Agreements Enforceable in North Dakota?
Employment agreements that adhere to employment and contract laws are enforceable in North Dakota. In addition, if a contract has an offer, acceptance, and consideration and does not violate public policy, it can be enforced.
North Dakota is very strict when it comes to employment contracts with non-compete clauses. Non-compete agreements are only enforced if they meet the strict requirements.
Please note that the state prohibits restrictive agreements with terms and conditions that restrain anyone from working and earning a living. So, employers should be careful when creating these contracts to ensure they don't violate employee's rights while protecting their business interests.
What Are the Legal Requirements for Employment Agreements in North Dakota?
North Dakota is not as strict when it comes to the legalities surrounding employment contracts. However, there are more stringent regulations for agreements with restrictive clauses, like non-compete contracts.
The state doesn't require the contract to be written and recognizes written and oral agreements. However, employment with a duration exceeding one year must be in writing and should be signed by both parties.
North Dakota is an at-will employment state. This means that an employer can dismiss an employee for any reason. However, with a written agreement, an employer cannot fire an employee without cause. Employees can only be fired for reasons outlined in the agreement. But if the contract doesn't have a termination clause or a valid contract, the employment will be considered at will.
Common Types of Employment Contracts
Here are commonly used employment agreements;
Are you looking to create a North Dakota employment contract but don’t know how? Worry not. Simply lay your hands on the free North Dakota employment agreement forms from Forms.legal. Complete the template online, download and print it when done. It’s that simple and straightforward.