Montana Employee Lending Agreement
Description
How to fill out Employee Lending Agreement?
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FAQ
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.
Montana is one of the only states whose law allows for employees to have an extra-layer of protection. In other states employers can fire an un-contracted at-will employee at any time and for any legal reason.
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.
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.
Montana follows the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act). The WARN Act imposes restrictions on the way terminations due to large group layoffs and/or plant closings are handled.
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 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.
Under the Act, a discharge is wrongful if it is in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy. If the discharge is not for good cause and the employee has completed the employer's probationary period of employment it will amount to a wrongful discharge.
While exceptions exist, generally, punitive damages are unavailable in Montana for wrongful termination or constructive discharge. Damages for wrongful discharge, in Montana, are limited to four years of wages and fringe benefits.
All employment agreements are legally binding on the employer and, therefore, employers are best served by having them drafted and reviewed by an experienced employment law attorney. Contract law is a particularly complex discipline that relies largely on common law, which is law as developed by judges and court cases.
