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Montana Complaint For Wrongful Discharge of Physician - Jury Trial Demand
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FAQ
Wrongful discharge suits must be filed within 1 year after date of discharge and must now be served within 6 months of filing. A wrongfully discharged employee's damages may be reduced by other compensation earned by the former employee.
Montana employers who fail to terminate a non-probationary employee for ?good cause? can face stiff penalties. The employee may be awarded lost wages and fringe benefits for a period not to exceed 4 years from the date of discharge, together with interest on the lost wages and fringe benefits.
The Wrongful Discharge From Employment Act limits damages to persons who were wrongfully discharged to a maximum of four years lost wages and benefits plus interest. This amount can be offset by any interim earnings, including amounts the claimant could have earned with reasonable diligence.
About half the states recognize that if an employer terminates an employee in an intentionally reckless or outrageous manner such that it causes serious emotional and psychological damage, the fired employee may have a claim for wrongful termination on the theory of intentional infliction of emotional distress.
Wrongful termination occurs when an employer fires an employee who is protected by law from being terminated. This protection can come in the form of a legal agreement, a contract between an employer and employees, and from federal and state laws that class the individual as a member of a protected class.
Montana is a ?good cause? state, meaning that any termination that occurs after a probationary period must be for good cause. By contrast, good cause is not required for termination during a probationary period.
While multimillion awards are possible, it is crucial to keep in mind that federal laws limit the amount of punitive and compensatory damages awarded in cases involving wrongful termination. They cannot exceed $50,000 ? $300,000, depending on the number of employees working for the employer's business.
In Montana, this is called constructive discharge. Next, an employee may be entitled to bring a wrongful termination claim where an employer fails to comply with its own policies and procedures governing discipline and/or termination or, in some circumstances, other employment policies.