The Northern Mariana Islands (CNMI) adheres to federal employment laws established by the United States, but there is no specific law mandating notice periods for employment termination. Instead, common law principles and employment contracts often determine the required notice.

Federal Guidelines

The CNMI Department of Labor follows federal guidelines under the Consolidated Natural Resources Act of 2008 (CNRA). Although the CNRA doesn't specify notice periods, it enforces federally mandated labor protections, which may include notice requirements outlined in employment contracts.

Employment Contracts

Employment contracts are crucial in determining notice periods in the CNMI. A well-drafted contract should clearly outline the termination process, including the required notice period for both the employer and employee. This period can vary based on the position, industry standards, and the specific terms negotiated within the contract.

Absence of a Contract

Without a written contract, termination becomes "at-will," meaning either party can terminate the employment relationship at any time with or without notice. However, even in at-will employment, providing reasonable notice is recommended to maintain professional courtesy and avoid potential wrongful termination lawsuits.

Important Note: This information provides a general overview of notice periods in the CNMI. It's advisable to consult with a qualified employment attorney to understand the specific requirements applicable to your situation.

In the Northern Mariana Islands, severance pay is not typically mandated by law, meaning employers are not automatically required to provide severance packages to employees upon termination. However, there are a few key exceptions and considerations.

Employment Contracts

An employment contract may specifically outline severance pay terms. If your contract includes a severance clause, the employer must abide by those terms.

Company Policy

Some companies may choose to have a severance policy in place. Even without a legal requirement, they may offer severance as outlined in their internal policies.

Collective Bargaining Agreements

If your employment is covered by a union contract (collective bargaining agreement), it may include provisions for severance pay upon certain types of termination.

Situations Where Severance Might Be Considered

Layoffs

In instances of layoffs or mass reductions in force, employers sometimes provide severance packages to assist affected employees.

Plant/Business Closures

If an entire business location or plant is closing, severance could be offered as part of the closure process.

The CNMI adheres to the principle of at-will employment, which allows employers to terminate an employee for any reason, provided it's not discriminatory or in violation of any laws or contracts. Employees can also leave their jobs at any time without cause. However, employers may also terminate an employee "for cause" if there is a legitimate, work-related reason, such as misconduct, poor performance, or violation of company policy. Constructive discharge is another form of termination, which occurs when an employee resigns due to the employer creating a hostile or intolerable work environment.

Termination Procedure

While there's no single mandated procedure, employers should follow these general guidelines to minimize legal risks:

1. Documentation: If terminating for cause, it's critical to thoroughly document reasons for termination, including any warnings, performance improvement plans, or records of misconduct.
2. Termination Meeting: A clear and respectful meeting outlining the decision, the reason (if not at-will), and any final pay or benefits information should be conducted.
3. Final Paycheck: Ensure the employee receives all wages due upon termination, in line with CNMI wage and hour laws.

Important Considerations

• Non-Discrimination: The CNMI prohibits terminations based on protected characteristics like race, religion, gender, age, disability, etc.
• Retaliation: Employers cannot terminate an employee for engaging in protected activities like filing labor complaints or reporting wage violations.