North Dakota Whistleblower Law
Whistleblowers protected under common law “public policy” tort, but statutory remedies may impact claim.
Court Decisions:
- Krien v. Marian Manor Nursing Home, 415 N.W. 2d 793 (N.D. 1987)
- Vandall v. Trinity Hospitals, 676 N.W. 2d 88 (N.D. 2004)
- Long v. Samson, 568 N.W. 2d 602 (N.D. 1997)
Statutes:
- 34-01-20 (private employees)
- 34-11.1-04–08 (public employees)
Frequently Asked Questions
Does North Dakota have a False Claims Act (FCA)?
Yes. The North Dakota Medicaid Anti-Fraud statutes are intended to prevent the submission of false and fraudulent claims to the North Dakota Medicaid program.
Does the North Dakota law have a whistleblower provision?
Yes. According to North Dakota law, employers are prohibited from discharging, disciplining, threatening discrimination against, or penalizing an employee because such employee, in good faith, reports a violation or suspected violation of any federal, state, or local law, ordinance, regulation, or rule to an employer, governmental body or law enforcement agency.
Does North Dakota recognize the public policy exception for wrongful termination?
Yes. In North Dakota, an employee cannot be terminated if such a firing goes against a clearly established public policy.
