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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.
Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.
If the employee is nonexempt, you may be able to dock their wages. Under the FLSA, you can make deductions for unreturned company property if the employee is nonexempt and the deduction does not drop the employee's pay to below the minimum wage or reduce overtime wages owed to the employee.
How to write a termination letterStart with the date.Address the employee.Make a formal statement of termination.Specify the date of termination.Include the reasons for termination.Explain the settlement details.Request them to return the company property.Remind them of the binding agreements.More items...?
Dear Name, According to Company Name policy, employees are required to return all company equipment upon termination. As of the writing of this letter, there is no record of your returning describe missing items.
How to write a termination letter?Let the employee know the date of their termination.State the accurate and detailed reason(s) for his/her termination.Mention compensation and/or benefits, if any.Notify that they must immediately return all company property.More items...?
California law requires employers to provide employees certain documents at the end of their employment. When going through the termination process with an employee, make sure they are given these required documents: Final paycheck acknowledgment- Signed by the employee. For your benefit (Form 2320)
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.
The termination letter for theft format should be formal and straight to the point and include the date of the offense and the specifics of the offense. Notifying the employee of existing proof will help prevent a legal battle based on wrongful termination charges.
The Montana Wrongful Discharge Act preempts common law remedies. In Montana, an employee can be discharged for any reason, as long as it is not an unlawful reason, during the probationary period. The default probationary period in Montana, is 6 months. However, an employer can extend or shorten that period.