Employment Law

At Severson, Wogsland & Liebl, P.C., we assist employees who have been terminated or discriminated against by unlawful employment practices. If your employer in North Dakota has engaged in unlawful employment practices, such as wrongful termination/discharge, discrimination, sexual harassment, advocating a hostile work environment, or retaliation for reporting unlawful conduct, we encourage you to call our employment law attorneys in Fargo at 701-297-2890. SW&L is prepared to evaluate your situation and whether it justifies legal action against your employer.

Wrongful Termination/Discharge

North Dakota is an at-will employment state. Most jobs are considered at-will, which means you could leave your job at any time for whatever reason.  In addition, your employer could also terminate or fire you at any time for whatever reason. There are times, however, when you are terminated based on discrimination by your employer. There are times when you are forced to quit or resign because your employer has created a hostile working environment, also known as constructive discharge.

Hostile Work Environment

Hostile work environment situations occur when unwelcome comments or actions occur based on sex, race or other legally protected characteristics and interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. This pertains to anyone in the workplace, whether management or employee. If you find that you could not focus or perform your duties based on this conduct, a hostile workplace may exist.

Sexual Harassment

Unwanted sexual advances or obscene remarks in the workplace or other professional or social situation is typically referred to as sexual harassment. In North Dakota, the law states sexual harassment is an unwelcome sexual advance, request for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature. This applies when an individual is attempting to obtain employment or is currently employed. Sexual harassment can be made by a supervisor or coworker. Sexual harassment can be repeated acts over a long period of time or an isolated incident.

Employment Discrimination

There are both federal and state laws which prohibit employers from treating workers differently based on situations or factors unrelated to job performance. This is most commonly referred to as employment discrimination. Employees and job applicants are protected against discrimination based on race or skin color, religion, national origin, age, sex and disability. There are also situations where it is also illegal for employers to discriminate based on marital status, political affiliation or sexual orientation. Additionally, in North Dakota employees are protected from discrimination based on legal activity the employee engages in outside of work that is not adverse to the employer. Because there are several rules, regulations and laws associated with filing an employment discrimination claim, it can become very complex and overwhelming for those not represented by an employment attorney.

Whistleblower Retaliation

Whistleblower is a fairly common term defined as someone who speaks out against a perceived wrongdoing. In North Dakota, a private employer may not retaliate by discharging, disciplining, threatening or discriminating against an employee who reports suspected illegal, dishonest or incorrect activity that violates state or federal law within the company. An employer may not retaliate against an employee who cooperates in an investigation involving any of the topics listed above. As a whistleblower, you have legal rights and our employment and labor lawyers are here to help.

Contact Us

If you believe your former employer, current employer, or prospective employer have broken employment laws, or if you feel you’ve been retaliated against for reporting suspected wrongdoing, SW&L may be able to assist. Every employment situation is different. Contact attorney Lee Grossman in Fargo, ND at 701-297-2890 today to discuss your situation.

Lawyer Lee Grossman