North Dakota declines to adopt at-will employment exception for use of self-defense

In North Dakota, employment is presumed to be “at-will,” meaning an employer has the right to terminate an employee at any time, with or without cause or notice. The North Dakota Supreme Court has recognized limited public policy exceptions to the doctrine in the past, and recently, it addressed whether an exception should extend to a law enforcement officer’s use of self-defense. The court declined to adopt the exception, inviting the legislature to institute one instead if it so chooses. Read on to find out more details about the case and its implications for North Dakota employers.

Background

Brandon Potts began working as a patrol officer for the Devils Lake Police Department in 2008 and was later promoted to detective. In 2018, while attempting to arrest a suspect, his service weapon discharged, striking the individual and killing him. Potts was later terminated because of the incident.

Shortly thereafter, Potts sued Devils Lake for wrongful termination, alleging his firing was against public policy because he was acting in the course of his official duties and engaged in lawful self-defense when subduing the suspect. Both parties asked the lower court for judgment in their favor without the need for a trial.

The lower court ultimately sided with Devils Lake, finding no clear and compelling public policy to adopt an exception to the employment-at-will doctrine in North Dakota for law enforcement officers who act in self-defense. Potts appealed to the North Dakota Supreme Court.

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