Montana Termination Statement
Description
How to fill out Termination Statement?
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FAQ
Montana law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. Employers must also provide equal pay and protect whistleblowers. See EEO, Diversity and Employee Relations. Montana permits preemployment credit checks and limits drug and alcohol testing.
Employer policy determines vacation pay upon termination. If vacation has been promised in writing or verbally, then it must be paid out on separation. There is no requirement in state or federal law that requires private sector employers to provide vacation pay.
California Labor Code Section 2808(b) requires employers to provide to employees, upon termination, notification of all continuation, disability extension and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible after employment terminates.
If an employee is laid off, or discharged, all wages are due immediately unless the employer has a pre-existing, written personnel policy that extends the time for payment. The wages cannot be delayed beyond the next pay day for the period in which the separation occurred, or 15 days, whichever occurs first.
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).
A standard termination letter will: Confirm the reason for termination. Provide receipt of company property. Give the employee any pertinent info as their time at the company comes to an end.
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.
