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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.
So called 'use it or lose it' policies are not permitted in Montana. However, caps, or maximum accumulation amounts can be instituted which effectively prevent additional vacation to accrue until existing time is utilized.
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.
Montana does not require employment contracts to be in writing. Oral employment contracts that contain all elements of a legal contract like offer, acceptance, and consideration can be upheld in court if a party can prove the terms of the contract were agreed upon.
Under Montana law, ?Good cause? is defined as ? reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer's operation, or other legitimate business reason.? MCA § 39-2-903(5).
What does it mean for Montana not to be an at-will state? Montana is one of the only states whose law allows for employees to have an extra-layer of protection. In other states employers can fire an un-contracted at-will employee at any time and for any legal reason.
PERS is a defined benefit retirement system. The monthly benefit you receive upon retirement is based on your years of service and your highest average compensation. Benefits and contributions are set by law, and protected by the Montana Constitution and only the Legislature may change them.
At-will Employment in Montana Unlike every other state in the U.S., Montana only allows at-will termination while employees are in their introductory probationary periods. Companies can set their own time for probation, or can allow the statutory six-month period to take effect through their inaction.