The department is able to accept complaints of unlawful retaliation on behalf of: a) an employee or a person acting on behalf of an employee who, in good faith, reports a violation of federal, state, or local law, ordinance, regulation, or rule to an employer, a governmental body, or a law enforcement official; b) an employee who has been requested by a public body or official to participate in an investigation, hearing, or inquiry; or c) an employee who refuses an employer's order to perform an action that the employee believes violates local, state, or federal law, ordinance, rule, or regulation (the employee must have an objective basis in fact for that belief and shall inform the employer that the order is being refused for that reason). Please see N.D.C.C. § 34-01-20 for more information.
Most employees working for the state, a county, a city, or a political subdivision may also file a complaint with the department for a job-related violation of local, state, or federal law, rule, regulation or ordinance, as well as job-related misuse of public resources. Persons employed by the state, county, city or other politic subdivision should first review N.D.C.C. § 34-11.1-01 to see if they meet the definition of an "employee". If a person does not meet the definition of employee under N.D.C.C. § 34-11.1-01 he or she may still file a complaint under N.D.C.C. § 34-01-20.
If you believe that you have been unlawfully retaliated against regarding your employment rights and would like the North Dakota Department of Labor's assistance, you may complete and return the Employment Retaliation (Whistleblower) Intake Questionnaire. The intake questionnaire provides the department with information to determine whether your concerns fall within the scope of our authority.