Montana Manager's Pre-Dismissal Checklist

State:
Multi-State
Control #:
US-191EM
Format:
Word; 
Rich Text
Instant download

Description

This checklist should be used by an immediate supervisor to ensure collection of certain items from an employee separating from the company.

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FAQ

The amendments expand "good cause" to terminate employment to includes an employee's material or repeated violation of an express provision of the employer's written policies. Broad discretion to terminate the employment of managerial employees codified.

There are five steps that can be taken in the progressive discipline process:Coaching Note (AKA Verbal Warning)Written Warning.Final Warning.Decision Day/Suspension.Separation.

The causes that are grounds for dismissal run the gamut including: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.

Some of the main types of workplace misconduct are:Confidentiality breaches. Many employees agree to protect trade secrets and confidential client information as part of their employment agreement.Insubordination.Unethical relationships.Harassment and discrimination.Theft or fraud.Drug abuse.Act quickly.Investigate.More items...

(6) "Hostile work environment" means a workplace where an employee is subjected to abusive conduct or malice so severe as to cause physical harm or psychological harm to the employee and that is based on race, religion, sex, national origin, age, disability, veteran status, sexual orientation, political affiliation,

Employers may not fire even at-will employees for illegal reasons, and discrimination is illegal. If you believe you were fired because of your race, color, national origin, gender, religion, age, disability, pregnancy, or genetic information, you should talk to a lawyer right away.

No, an employer generally does not need to tell an employee why he or she was fired. There is no law that requires an explanation. However, if there is an employment contract, the contract may require one.

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.

The general procedure for misconduct related dismissals are:conduct an investigation to determine whether there is proof of the suspected misconduct;make clear charges in respect of the suspected misconduct so that the employee has enough information to prepare for the disciplinary hearing;More items...

Is that legal? 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.

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Montana Manager's Pre-Dismissal Checklist