Montana Layoffs Policy - Union
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FAQ
Public employees in Montana have the right to organize, join unions, bargain collectively, and engage in concerted activities for purposes of collective bargaining and other mutual aid or protection (MT Code Sec. 39-31-101et seq.).
In the discrimination setting, the Montana Human Rights Act applies. 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.
Can an Employer Layoff One Person? An employer can lay off as many employees as needed. If a department is only one employee, then one employee may get laid off. If the employer needs to conduct a mass layoff of 50 or more employees to help preserve his business, 50 or more employees can get laid off.
Unlike the implications of the name, right-to-work laws give no right to employment. However, they do prohibit employers and unions from negotiating a contract that requires all employees to join a union after hiring or pay all or some portion of union dues that is used for bargaining and representation .
The states that have laws against union membership as a condition of employment are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas,
In Montana, 6.5% of private-sector workers are represented by a union, compared with only 4.0% of private-sector workers in neighboring RTW states. Nationally, 8.5% of private-sector workers in non-RTW states are represented by a union, well above the average private-sector unionization rate in RTW states (5.2%).
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.
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.
MFPE is Montana's largest union comprised of over 25,000 members dedicated to serving Montana's citizens and protecting the professional and economic well-being of Montana's public employees.
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.
