Montana Memo - Warning of Impending Layoff
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FAQ
Montana follows the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act). The WARN Act imposes restrictions on the way terminations due to large group layoffs and/or plant closings are handled.
Worker Adjustment and Retraining Notification Act (WARN) (29 USC 2100 et. seq.) - Protects workers, their families and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.
The WARN (Worker Adjustment and Retraining Notification) Act requires businesses who employ over 100 workers to either give their employees 60 days' notice in writing of a mass layoff or plant closing, or to pay the employees if they fail to give the notice.
Unlike the vast majority of states, Montana does not adhere to the doctrine of employment at will. 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.
Worker Adjustment and Retraining Notification Act (WARN) (29 USC 2100 et. seq.) - Protects workers, their families and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.
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.
Considerations to Announcing a LayoffKeep the message short and sweet. Employees can see right through fluff.Communicate and have one reduction in force (RIF).Consider having individual meetings with all employees affected.Provide a good outplacement program to impacted employees.
Types of Layoffs/ Reductions in TimeIn a temporary layoff/RIT: Only career employees are affected. The layoff/RIT period is less than four calendar months (120 days).In an indefinite layoff/RIT: Only career employees are affected. The layoff/RIT period is more than four calendar months (120 days).
Montana labor laws require employers to pay employees overtime at a rate of 1½ time their regular rate when they work more than 40 hours in a work week, unless otherwise exempt. MT Dept. of Labor: Overtime. See FLSA: Overtime for more information regarding overtime requirements.
The WARN Act is triggered by: Plant closings. The shutdown of a single employment site, facility or operating unit, that results in a loss of at least 50 full-time employees, during a 30 day period or. Mass layoffs.
