Montana Termination Letter - Substance Abuse
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How to fill out Termination Letter - Substance Abuse?
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FAQ
I was fired from my job for no good reason. Is that legal? No. Montana is not an at will state.
Poor work performance is the most commonly cited reason for an employee's termination, and is a catch-all term that refers to a number of issues, including failure to do the job properly or adequately even after undergoing the standard training period for new employees, failing to meet quotas, requiring constant
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.
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.
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.
Wrongful discharge is often used as legal shorthand to describe something known as wrongful termination in violation of public policy a sort of catch-all, judge-made rule that prohibits employers in many states from firing an employee who opposes or refuses to participate in certain unlawful or unethical
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.
Acceptable Reasons for TerminationIncompetence, including lack of productivity or poor quality of work.Insubordination and related issues such as dishonesty or breaking company rules.Attendance issues, such as frequent absences or chronic tardiness.Theft or other criminal behavior including revealing trade secrets.More items...
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.
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.
