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An employee handbook should include your business's policies, your expectations of your employees, and what your employees can expect from your business. It should lay out your legal obligations as an employer and your employees' rights.
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.
Personnel policies outline the hiring procedure, including whether they should be tested first, information about a trial period or other training matters. They also outline pay functions, including salaries, commission and bonuses so that employees have a clear goal and method of reward.
I was fired from my job for no good reason. Is that legal? No. Montana is not an at will state.
The topics included in the employee handbook should cover the employer's mission statement, equal employment opportunity statement, contractual disclaimer and at-will employment statement (where allowed), purpose of the employee handbook, and background information on the company.
Yes. If your employer has written procedures that allow you to file a grievance after being fired you must use those procedures. You can find the law on this at § 39-2-911 MCA. If you don't follow the entire grievance procedure any lawsuit you file could be dismissed.
A discharge is wrongful if an employee who is no longer a probationary employee is terminated without good cause. A discharge is also wrongful if it is in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy.
Top 5 employment policies that every employer should haveDisciplinary procedure/policy.Equal Opportunities policy.Data protection and Social Media policy.Absence Management policy.Whistleblowing policy.
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.
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.