Montana Termination Letter (Excessive Absenteeism)
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FAQ
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.
You can send a termination letter to the employee following the termination meeting with return receipt requested, or you can hand the letter to the employee at the end of the meeting. It should be printed on company stationery with the official signature of the employee's manager.
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.
Dear Sir/Madam, This letter is to inform you that your employment as (position) at (company's name) is terminated with immediate effect. You have violated the attendance policy of the company. You have continued being absent from the last (duration) days.
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.
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.
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.
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)
If you plan to terminate an employee, consider sending him or her a written notice and explanation beforehand. Usually, you cannot terminate an employee on grounds of absenteeism if you only expect that the employee will miss excessive amounts of work; instead, there must be an actual record of absenteeism.
While an employer's reason for firing an employee, such as absenteeism, may appear to be a legitimate, nondiscriminatory reason, it may amount to a pretext for discrimination or retaliation if it conflicts with an employer's internal policy, the 1st U.S. Circuit Court of Appeals held.
