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Summary of differences between federal and state regulations
Montana is not an “at will” state. In some instances, the Wrongful Discharge From Employment Act does not apply, but generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination.
The Wrongful Discharge From Employment Act is not administered by any state agency. Individuals who feel aggrieved by their termination must seek civil redress through the courts.
- it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy;
- the discharge was not for good cause and the employee had completed the employer's probationary period of employment; or
- the employer violated the express provisions of its own written personnel policy.
During a probationary period of employment, the employment may be terminated at the will of either the employer or the employee on notice to the other for any reason or for no reason.
If an employer does not establish a specific probationary period or provide that there is no probationary period prior to or at the time of hire, there is a probationary period of 6 months from the date of hire.
State
Contact
Regulations
Mont. Code Ann. §39-2-501.Termination of employment generally. Every employment is terminated by:
(1) the expiration of its appointed term;
(2) the extinction of its subject;
(3) the death of the employee; or
(4) his legal incapacity to act as such.
Mont. Code Ann. §39-2-502.Termination by death or incapacity of employer.
(1) Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to him of:
(1)(a) the death of the employer; or
(1)(b) his legal incapacity to contract.
(2) An employee, unless the term of his service has expired or unless he has a right to discontinue it at any time without notice, must continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to such successor. The successor must compensate the employee for such service according to the terms of the contract of employment.
Mont. Code Ann. Title 39, Chap. 2, Part 9, §§39-2-901 through 39-2-915 Wrongful discharge from Employment Act.
http://leg.mt.gov/bills/mca_toc/39_2_9.htm
(These subparts address various aspects of wrongful discharge)
Mont. Code Ann. §39-2-904.Elements of wrongful discharge -- presumptive probationary period.
(1) A discharge is wrongful only if:
(1)(a) it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy;
(1)(b) the discharge was not for good cause and the employee had completed the employer's probationary period of employment; or
(1)(c) the employer violated the express provisions of its own written personnel policy.
(2)(a) During a probationary period of employment, the employment may be terminated at the will of either the employer or the employee on notice to the other for any reason or for no reason.
(2)(b) If an employer does not establish a specific probationary period or provide that there is no probationary period prior to or at the time of hire, there is a probationary period of 6 months from the date of hire.
Mont. Code Ann. §39-2-912.Exemptions. This part does not apply to a discharge:
(1) that is subject to any other state or federal statute that provides a procedure or remedy for contesting the dispute. The statutes include those that prohibit discharge for filing complaints, charges, or claims with administrative bodies or that prohibit unlawful discrimination based on race, national origin, sex, age, disability, creed, religion, political belief, color, marital status, and other similar grounds.
(2) of an employee covered by a written collective bargaining agreement or a written contract of employment for a specific term.
Federal
Contacts
None.
Regulations
None.