Montana Termination Letter (Substance Abuse)
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How to fill out Termination Letter (Substance Abuse)?
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FAQ
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.
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.
While exceptions exist, generally, punitive damages are unavailable in Montana for wrongful termination or constructive discharge. Damages for wrongful discharge, in Montana, are limited to four years of wages and fringe benefits.
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.
I was fired from my job for no good reason. Is that legal? No. Montana is not an at will state.
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...
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.
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
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.
Wrongful Termination ExamplesA hostile work environment that tolerates sexual harassment.Race discrimination.Workers' compensation claim retaliation.Age discrimination.FMLA violations.Wage & hour disputes or unpaid overtime.Whistleblower retaliation.Pregnancy, religious, or disability discrimination.
