|
|

Montana Termination (with Discharge): What you need to know

Unlike the vast majority of states, Montana does not adhere to the doctrine of employment at will. Montana enacted the Wrongful Discharge From Employment Act (WDFEA), to balance the need to protect employees from wrongful terminations with an employer's need for protection from employee poor performance or bad behavior. Under the WDFEA, after a probationary period, an employee can be terminated only for good cause. If the employer does not establish a probationary period, the law states that there is a 6-month probationary period from the date of hire (MT Code Sec. 39-2-901 et seq.).
The WDFEA is the exclusive remedy for wrongful discharge unless other claims asserted by an employee are independent from the termination. For instance, an employee may claim a breach of the implied covenant of good faith and fair dealing before termination. Such a claim would not be barred by the Act.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Under the WDFEA, once an employee has completed a probationary period of no more than 6 months, the employee can only be terminated for good cause. During the probationary period, the employment may be terminated at the will of either the employer or the employee. “Good cause” is defined as reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of operations, or other legitimate business reasons. Note that using a lawful product outside of work is not a legitimate business reason unless it affects the employee's ability to do his or her job or conflicts with a bona fide occupational qualification that is reasonably related to the employee's job (MT Code Sec. 39-2-313).
Under the Act, a discharge is wrongful if:
• It is in retaliation for an employee's ...

>> Read more about Termination (with Discharge)

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

Montana Termination (with Discharge) Resources

Termination (with Discharge) Products

The Termination Process Webinar Recording
BLR Webinar: "The Termination Process: Exit Interviews, Termination Pay, and Post-Termination Steps to Keep You Out of Court""
10-Minute HR Trainer™
Here’s the system that gives you everything you need to train your supervisors and managers on the everyday HR skills they need. In just 10 minutes per session you can deliver effective training - without the hard work of preparation. From ADA to how to avoid termination problems, you get 50 prewritten trainer outlines, reproducible handouts, plus case studies and quizzes. Free quarterly updates."
HR Audit Checklists
Created by employment law experts, this unique and practical handbook provides prewritten checklists that help spot and correct compliance problems before they become costly lawsuits. You get checklists on HR policies, job descriptions, safety and OSHA, compensation programs, hiring practices, performance measurement, telecommuting, flexible work hours and much, much more. "
QuikStep Guide to Firing
QuikStep guides tell you what to do, how to do it, what to say, when to say it. All QuikStep guides feature a simple step-by-step solution with detailed instructions, samples, tips, and checklists."
HR Training Presentations in PowerPoint®
Complete PowerPoint® training program makes it easy to train your supervisors and managers on critical employment law topics. Carefully researched sessions are complete with customizable PowerPoint® slides, quiz, speaker's notes, and handouts. Now with audio presentations for the option to "play" the training or the trainer can use the powerpoint session to easily train supervisors on how to handle sensitive labor law issues like ADA, FMLA, sexual harassment, etc."
Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!


This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.