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Terminating An Employee After the Probationary Period This can be done through employee performance reviews, and the like. You must also notify the employee the ?good cause? reason for termination, such as poor workplace performance. Failing to do so will violate MCA § 39-2-904(1)(b).
WARN Act - Overview. WARN protects employees, their families, and communities by requiring employers to give a 60-day notice to the affected employees and both state and local representatives before a plant closing or mass layoff.
Wrongful termination from employment in Montana can arise under several circumstances. First, an employee terminated from his employment because of being a part of a protected class, or reporting discriminatory conduct, is entitled to recovery under both state and federal law.
Definition of "good cause" expanded. 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.
Question: What notices must be given before an employee is terminated or laid off? Answer: The Fair Labor Standards Act (FLSA) has no requirements for notice to an employee prior to termination or lay-off. In certain cases, employers must give the workers advanced notice of mass layoffs or plant closure.
Unsatisfactory employees should be terminated subsequent to complete and appropriate evaluation, review and documentation. If an unsatisfactory employee is laid off without appropriate evaluation, review and documentation, the employee must be treated the same as any other laid-off employee.
If a lay-off is anticipated to last longer than 15 working days, the employee shall be terminated. (6) Lay-off may not be used as an alternative to dis-charging an employee for cause or disciplinary purposes.
Private sector employers are not required to pay out severance pay, sick leave, or paid time off (PTO). These are considered benefits and may be paid based on the employer's policies. There is no requirement in state law to provide these benefits.