Montana Payroll Deduction - Special Services
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FAQ
To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.
I was fired from my job for no good reason. Is that legal? No. Montana is not an at will state.
Only three kinds of deductions can be made from an employee's wages:Statutory deductions. Certain statutes require an employer to withhold or make deductions from an employee's wages.Court orders.Written authorization.
What are payroll deductions?Income tax.Social security tax.401(k) contributions.Wage garnishments.Child support payments.
Some of the types of deductions which are authorized under federal and state law include: meals, housing and transportation, debts owed the employer, debts owed to third parties (through the process of garnishment); debts owed to the government (such as back taxes and federally-subsidized student loans), child support
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.
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.
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.
Allowable Paycheck DeductionsPersonal loans (cash advances, 401(k) or retirement loan payment, bail or bond payments, etc.)Personal purchases of a business's goods or services such as: Food purchases from the cafeteria.Employee's health, dental, vision, and other insurance payments or co-payments.
Montana Exempt Employees: What you need to know Montana law exempts anyone employed in a bona fide executive, administrative, professional, computer professional, or outside sales capacity from overtime pay requirements as defined by the federal Fair Labor Standards Act (FLSA) (MT Code Sec. 24.16. 211).
