Montana Contract between Employment Agency and Applicant - including Release from Applicant in favor of Employment Agency

State:
Multi-State
Control #:
US-00603BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a contract between an employment agency and an applicant in which any fee is to be paid by the employer. A release in favor of the employment agency is included in the last paragraph.

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FAQ

A worker must be: Engaged in their own independently established business, occupation, trade, or profession. Covered under a self-elected workers' compensation insurance policy or obtain an Independent Contractor Exemption Certificate (ICEC).

Employers should make sure they have documentation to support any decision to terminate. With that in mind, supervisors should be trained to document issues with employees as they arise. Not all documentation needs to be formal; if it's an isolated minor incident, an email may be enough.

In Montana it is unlawful for an employer to fire you in certain circumstances, such as: You were fired because you refused to violate public policy, or reported a violation of public policy, You had finished your probationary period and your employer did not have good cause to fire you.

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.

Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.

No. 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 Montana Wrongful Discharge Act preempts common law remedies. In Montana, an employee can be discharged for any reason, as long as it is not an unlawful reason, during the probationary period. The default probationary period in Montana, is 6 months. However, an employer can extend or shorten that period.

No. 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.

Montana ranked especially high in its rate of new entrepreneurs. According to U.S. Census Bureau data, the number of new business applications in the state rose 50% between January of 2020 and January of 2021.

In Montana it is unlawful for an employer to fire you in certain circumstances, such as: You were fired because you refused to violate public policy, or reported a violation of public policy, You had finished your probationary period and your employer did not have good cause to fire you.

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Montana Contract between Employment Agency and Applicant - including Release from Applicant in favor of Employment Agency