Montana Complaint for Recovery of Unpaid Wages

State:
Multi-State
Control #:
US-03305BG
Format:
Word; 
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Description

The right of an employee to compensation is based on either an express or implied contract. Whether the employment contract is express or implied, it need not be formalized in order for the terms of employment to begin. Once employment has begun, the employment contract represents the right of the employee to be paid the wages agreed upon for services he or she has performed and the right of an employer to receive the services for which the wages have been paid.

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FAQ

(1) Except as provided in subsections (2) and (3), every employer of labor in the state of Montana shall pay to each employee the wages earned by the employee in lawful money of the United States or checks on banks convertible into cash on demand at the full face value of the checks, and a person for whom labor has ...

Wrongful termination from employment in Montana can arise under several circumstances. First, an employee terminated from his employment because of being a part of a protected class, or reporting discriminatory conduct, is entitled to recovery under both state and federal law.

(1) An employer who fails to pay an employee as provided in this part or who violates any other provision of this part is guilty of a misdemeanor. A penalty must also be assessed against and paid by the employer to the employee in an amount not to exceed 110% of the wages due and unpaid.

Statute of Limitations -- (§ 39-3-207, MCA) ? An employee has 180 days from the default of the payment to file a wage claim. ? An employee may recover wages and penalties for a period of 2 years, 3 years if willful violation.

(1) Except as provided in subsections (2) and (3), when an employee is separated from the employ of any employer, all the unpaid wages of the employee are due and payable within 3 days, except for employees of the state of Montana and its political subdivisions who would be paid on the next regular payday for the pay ...

If an employee is laid off, or discharged, all wages are due immediately unless the employer has a pre-existing, written personnel policy that extends the time for payment. The wages cannot be delayed beyond the next pay day for the period in which the separation occurred, or 15 days, whichever occurs first.

If an employee is laid off, or discharged, all wages are due immediately unless the employer has a pre-existing, written personnel policy that extends the time for payment. The wages cannot be delayed beyond the next pay day for the period in which the separation occurred, or 15 days, whichever occurs first.

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Montana Complaint for Recovery of Unpaid Wages