34-03 Termination of Employment
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<![CDATA[CHAPTER 34-03TERMINATION OF EMPLOYMENT34-03-01.Termination of employment at will - Notice required.An employmenthaving no specified term may be terminated at the will of either party on notice to the other,<br>except when otherwise provided by this title.34-03-02. How employment terminated. Every employment is terminated by:1.The expiration of its appointed term;2.The extinction of its subject;3.The death of the employee; or4.The employee's legal incapacity to act.34-03-03.Termination of employment not coupled with an interest.Everyemployment in which the power of the employee is not coupled with an interest in its subject is<br>terminated by notice to the employee of:1.The death of the employer; or2.The employer's legal incapacity to contract.34-03-04.Continuance of employment required after death or incapacity ofemployer - Exceptions. Unless the term of an employee's service has expired or unless the<br>employee has a right to discontinue the employee's service at any time without notice, an<br>employee shall continue the employee's service after the employee has notice of the death or<br>incapacity of the employee's employer to such extent as is necessary to protect the interests of<br>the employer's successor in interest from serious injury and until a reasonable time after notice of<br>the facts has been communicated to the successor.The successor shall compensate theemployee for such service according to the terms of the contract of employment.34-03-05. Termination by employer for breach or neglect of duty or incapacity toperform. Every employment may be terminated at any time by the employer in case of any<br>willful breach of duty by the employee in the course of the employee's employment, in case of<br>the employee's habitual neglect of duty, or in case of the employee's continued incapacity to<br>perform the employee's duty.34-03-06. Employee may terminate employment because of breach of obligationsby employer. Every employment may be terminated by the employee at any time in case of any<br>willful or permanent breach of the obligations of the employee's employer to the person as an<br>employee.34-03-07.Compensation of employee after discharge for cause.Repealed byS.L. 1961, ch. 233, </p>
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