North Dakota Breach Of Contract Legal Questions

Did you have a contract, either individually or through collective bargaining, which limited your employer's right to fire you?  Sometimes such a contract can be established through an employee manual.  If not, you could have been fired for any reason not prohibited by statute (e.g. race, religion, age, etc.), breach or not, for cause or not.  Thus, unless you have such a contract, or you believe that the claimed "breach" was a pretext and you were really fired because of your race, religion, etc., you don't appear to have a claim for the firing  You might have a defamation claim if your former employer lies in the references it gives you. but if the employer says you violated confidentiality, it will be your burden to show that that statement was false and that the employer knew it (as opposed to the unemployment heaering where it was the employer's burden), and that absent such a lie you would have gotten another job.... Read More

it is possible that ND law is different than in the states in which I practice, but I don't think you have the right to repossess unless your contract specifically provides for that right.  After you obtain a judgment, you would have enhanced rights, but right now you are just a person making a claim that the other side denies.... Read More

A lot of questions here. First, unless your contract says you can, you can't repossess until a court award you judgment and you employ the proper procedures.  You've written  your side, but the Court would have to hear both sides before deciding who is in the right. Second, while you would have remedies which would allow you to collect on any court judgment (including garnishing his wages, selling his assets, etc.), small claims courts generally don't have jurisdiction over people living out of state, although you should check with your local small claims court to make sure.  You will probably have to sue him in your states' court of general jurisdiction, which will probably involve paying some court fees (since he purchased goods in North Dakota and the suit arises out of that sale, I believe, unless there are facts of which I"m unaware, that North Dakota courts would have jurisdiction over the case, but it could be an issue; you might have to sue him in MInnesota). Third, some lawyers do take cases on contingency where they are paid a percentage of what they collect for you.  You should contact some lawyers specializing in collections and see if they would handle your case on that basis. Fourth, just a pet peeve.  A settlement is a voluntary agreement between all parties to a dispute to settle it.  You can't force someone to settle a case if they aren't willing to, and there is absolutely no guarantee that you will be able to settle this case.  You may have to take it all the way through trial and judgment    ... Read More