Montana Notice of Job Assignment and Performance Requirements
Description
How to fill out Notice Of Job Assignment And Performance Requirements?
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FAQ
If you quit your job, you will be disqualified from receiving unemployment benefits unless you had good cause. In general, good cause means that your reason for leaving the position was job-related and was so compelling that you had no other choice than to leave.
You may qualify for unemployment benefits even if you quit your last job, as long as you quit for a reason that is recognized as good cause to quit by the Montana Department of Labor and Industry: Unemployment Insurance Division.
Good cause is generally defined, in Montana, as reasonable job related grounds for dismissal based upon (1) a failure to satisfactorily perform job duties, (2) disruption of the employer's operation, or (3) other legitimate business reasons.
Montana labor laws require employers to pay employees overtime at a rate of 1½ time their regular rate when they work more than 40 hours in a work week, unless otherwise exempt. MT Dept. of Labor: Overtime. See FLSA: Overtime for more information regarding overtime requirements.
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.
An employer can't make you stay. Frankly, they can't even force you to give notice. If you signed a contract, however, you're no longer an at-will employee. You may still be able to quit, but your options all depend on the terms you agreed to in that contract.
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The employer must pay all wages, overtime, general holiday pay and vacation pay within three days following termination. Employees who wish to quit are also required to give written notice: 1 week for employment of more than three months, but less than two years. 2 weeks for employment of 2 years or more.
Montana Law Protects Montana Workers from Wrongful DischargeMontana's Wrongful Discharge Act prohibits employers from firing their employees without good cause (§ 39-2-905). If you lost your job for reasons that seem unreasonable or non-related to your job description, your employer may have violated the law.
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.
