Parties and Position
Employer: [[Employer Entity Name]]
Employee: [[Employee Full Name]]
Job Title: [[Job Title]]
Reports To: ________________________________________________
Work Location: ________________________________________________ (or remote as agreed)
Start Date: [[Start Date]]
The Employee is hired for the position of [[Job Title]] and will perform the duties and responsibilities described in this Agreement or as reasonably assigned by the Employer consistent with the position.
Employment Status - At-Will and Fixed-Term Provisions
North Dakota is an at-will employment state under N.D. Cent. Code § 34-03-01. An employment having no specified term may be terminated at the will of either party on notice to the other, except when otherwise provided by law.
- This Agreement creates a fixed-term employment relationship for the period beginning [[Start Date]] and ending on a date agreed in writing or upon completion of a specific project, if applicable.
- If no fixed term is stated or if the term expires without renewal, the employment relationship shall convert to at-will employment under North Dakota law unless the parties execute a written extension or new agreement.
- Nothing in this Agreement is intended to create a contract for employment for a definite term unless expressly stated in a signed writing by an authorized representative of the Employer.
- Either party may terminate at-will employment at any time, with or without cause or advance notice, except as required by this Agreement, written policy, or applicable law. No minimum notice period (such as two weeks) is required by statute.
Duties and Responsibilities
The Employee shall perform all duties associated with the position of [[Job Title]], including but not limited to the following:
- Execute the core responsibilities of the role in a professional, diligent, and timely manner.
- Comply with all applicable laws, Employer policies, and reasonable instructions from supervisors.
- Maintain required licenses, certifications, or qualifications for the position.
- Report to the designated supervisor and participate in performance evaluations.
- Devote full working time and attention to the Employer's business during working hours.
- Perform such other duties as may be assigned from time to time that are consistent with the Employee's position and qualifications.
Compensation
Compensation Type and Amount: [[Salary or Hourly Rate]]
Pay Frequency: [[Pay Frequency]]
FLSA Classification: [[FLSA Classification]]
The Employee shall be paid on the schedule corresponding to [[Pay Frequency]]. Compensation is subject to applicable withholdings and deductions.
- If salaried, the stated amount is the base annual or periodic salary.
- If hourly, the rate applies to all hours worked, subject to overtime for non-exempt employees as required by the Fair Labor Standards Act (FLSA).
- The Employer follows the federal minimum wage of $7.25 per hour. North Dakota adopts the federal minimum wage under N.D. Cent. Code § 34-06-22 and does not maintain a higher state minimum wage.
- Overtime must be paid at one and one-half times the employee's regular rate of pay for hours worked in excess of forty (40) hours in any workweek, as required by federal law and N.D. Admin. Code § 46-02-07-02.
- Bonus, commission, equity, or other incentive compensation, if any, shall be governed by separate written plans or agreements and is not guaranteed unless expressly provided.
The Employee's FLSA classification as exempt or non-exempt is stated above. Misclassification does not alter the legal determination; the Employer will correct classification as required by law.
Benefits and PTO
The Employee shall be eligible for the following benefits, subject to the terms of the applicable plan documents and Employer policies in effect from time to time:
- Health, dental, vision, and other group insurance benefits as offered to similarly situated employees.
- Retirement or 401(k) plan participation, if offered.
- Paid time off (PTO), vacation, sick leave, and holidays according to the Employer's current policy. North Dakota does not mandate paid sick leave or vacation at the state level for private employers.
- Workers' compensation insurance as required by the North Dakota Workforce Safety & Insurance (WSI) under N.D. Cent. Code §§ 65-01-01 et seq. Coverage applies to nearly all employers and employees in the state.
- Any other benefits described in an employee handbook or separate summary plan description.
Eligibility, waiting periods, and contribution amounts are governed by the plan documents. The Employer reserves the right to modify or terminate benefits at any time, subject to applicable law.
Final Pay Upon Termination
Upon termination of employment (voluntary or involuntary):
- All unpaid wages and compensation become due and payable at the regular payday(s) established in advance by the Employer for the period worked, or as otherwise agreed.
- When an employer terminates an employee, final wages shall be paid by certified mail to an address designated by the employee or as otherwise agreed, per N.D.C.C. § 34-14 and related rules.
- Accrued but unused PTO payout is governed by Employer policy. Under N.D.C.C. § 34-14-09.2, private employers may withhold payment for accrued PTO under specific conditions (written notice at hire of limitation, employee <1 year tenure, and <5 days notice of resignation in some cases). Policy limitations must be disclosed in writing at time of hire.
Termination and Notice
Notice Period: [[Notice Period]]
Either party may terminate the employment relationship as follows:
- At-will employment: Either party may terminate at any time, with or without cause, and with or without advance notice, except as required by this Agreement or applicable law. North Dakota law requires "notice to the other" for at-will terminations without specified term per N.D. Cent. Code § 34-03-01.
- Fixed-term employment: If a definite term applies, early termination by the Employer without cause or by the Employee without good reason may be subject to the terms stated in any severance or liquidated damages provision set forth in a separate writing.
- The Employee shall provide the notice period stated above when resigning, unless waived by the Employer.
- Upon termination, the Employee shall return all Employer property, documents, and access credentials.
- The Employer may place the Employee on paid or unpaid administrative leave pending investigation or during a notice period.
Restrictive Covenants
Non-Compete Term: [[Non-Compete Term]]
Non-Compete Geographic Scope: [[Non-Compete Geographic Scope]]
North Dakota law under N.D. Cent. Code § 9-08-06 provides that every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind is to that extent void, with limited exceptions for the sale of the goodwill of a business or upon dissolution of a partnership.
- Non-competition: Standard post-employment non-compete covenants in employment agreements (not connected to sale of business goodwill) are generally unenforceable in North Dakota. The parties acknowledge this statutory prohibition.
- Non-solicitation of customers: Non-solicitation provisions that restrain an individual from exercising a lawful profession, trade, or business are typically treated as restraints of trade and are unenforceable under § 9-08-06 in the employment context.
- Non-solicitation of employees: Similar restrictions on soliciting employees are subject to the same analysis and are generally unenforceable if they function as a restraint on trade or business.
- Confidentiality and trade secret protections remain enforceable and are not voided by § 9-08-06. The Employee remains bound by duties of loyalty and confidentiality during and after employment.
- If the employment involves the sale of business goodwill or partnership dissolution, any agreed restrictive covenant must be limited to a reasonable geographic area (e.g., specified county, city, or part thereof) and reasonable length of time.
- The restrictions (or lack thereof) in this section survive termination of employment and this Agreement. The parties should consult North Dakota counsel regarding any ownership-transition or sale-of-business context.
Confidentiality and Intellectual Property
The Employee agrees that during and after employment:
- The Employee will not disclose or use any confidential or proprietary information of the Employer, including customer lists, trade secrets, business methods, financial data, and internal documents, except as required in the performance of duties or with prior written consent.
- All work product, inventions, improvements, ideas, and materials created by the Employee in the course of employment or using Employer resources are the sole property of the Employer. The Employee hereby assigns all rights, title, and interest in such intellectual property to the Employer and agrees to execute any documents necessary to perfect the Employer's ownership.
- Upon termination, the Employee shall return or destroy all confidential materials and certify in writing that this has been done.
Governing Law, Venue, and Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to conflict of laws principles.
- Venue for any dispute arising under this Agreement shall be in the state or federal courts located in the county where the Employer's principal place of business is located, or as otherwise agreed in writing.
- This Agreement constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior agreements, understandings, and representations, whether written or oral.
- No modification of this Agreement shall be valid unless in a writing signed by both parties.
- If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force.
- The failure of either party to enforce any right or provision shall not constitute a waiver.
- This Agreement may be executed in counterparts, including electronic signatures, each of which shall be deemed an original.
Signature Block
IN WITNESS WHEREOF, the parties have executed this North Dakota Employment Contract as of the Effective Date.
Employer:
[[Employer Entity Name]]
By: ______________________________________________
Name: ______________________________________________
Title: ______________________________________________
Date: ______________________________________________
Employee:
[[Employee Full Name]]
Signature: ______________________________________________
Date: ______________________________________________
Acknowledgment of At-Will Status and Restrictive Covenants
The Employee acknowledges that:
- Employment is at-will unless a fixed term is expressly created in a signed writing.
- Post-employment non-compete and non-solicit covenants in ordinary employment agreements are generally unenforceable under North Dakota law (N.D.C.C. § 9-08-06).
- The Employee has had the opportunity to review this Agreement with independent counsel.
Employee Initials: ________
Workers' Compensation and Safety Acknowledgment
The Employee acknowledges that the Employer maintains workers' compensation coverage through North Dakota Workforce Safety & Insurance (WSI) as required by N.D. Cent. Code §§ 65-01-01 et seq. for nearly all employers. The Employee agrees to report all work-related injuries or illnesses immediately and to comply with all safety policies.
Pay and Recordkeeping Acknowledgment
The Employer shall pay wages at least once per calendar month on the designated regular payday. The Employer will furnish a pay stub or voucher showing hours, rate, and deductions. Final wages upon separation are due as provided by North Dakota law.
Key Terms Summary Table
| Term | Value |
|-----------------------------------|--------------------------------------------|
| Employee Full Name | [[Employee Full Name]] |
| Employer Entity Name | [[Employer Entity Name]] |
| Job Title | [[Job Title]] |
| Start Date | [[Start Date]] |
| Salary or Hourly Rate | [[Salary or Hourly Rate]] |
| Pay Frequency | [[Pay Frequency]] |
| FLSA Classification | [[FLSA Classification]] |
| Notice Period | [[Notice Period]] |
| Non-Compete Term | [[Non-Compete Term]] |
| Non-Compete Geographic Scope | [[Non-Compete Geographic Scope]] |
Disclaimer
This North Dakota Employment Contract is a sample template. North Dakota follows at-will employment under N.D. Cent. Code § 34-03-01. Post-employment non-competes and non-solicits in employment agreements are generally void under N.D. Cent. Code § 9-08-06 except in narrow sale-of-goodwill or partnership dissolution contexts. The state adopts the federal minimum wage of $7.25 per hour and follows FLSA overtime rules. Workers' compensation is administered exclusively by Workforce Safety & Insurance (WSI) and applies broadly. Final pay timing and PTO payout limitations are governed by N.D.C.C. Chapter 34-14. This document includes provisions for parties, position, compensation, benefits, termination, FLSA classification, confidentiality, IP assignment, restrictive covenants with the statutory prohibition noted, and governing law. It is not legal advice. Employers and employees should consult qualified North Dakota employment counsel to tailor the agreement to their specific situation and to ensure compliance with current law. Information is current as of June 2026.
