This due diligence form is a workform to be prepared for each pending or threatened claim or investigation brought against the company in business transactions.
Montana Litigation Workform
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State:
Multi-State
Control #:
US-DD0710
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Word;
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FAQ
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).
(6) "Hostile work environment" means a workplace where an employee is subjected to abusive conduct or malice so severe as to cause physical harm or psychological harm to the employee and that is based on race, religion, sex, national origin, age, disability, veteran status, sexual orientation, political affiliation,
The law prohibits a person, governmental entity, public accommodation, or employer from requiring you to wear a mask on their premises or during the course of employment if you choose not to share your vaccination status or share that you are not vaccinated; however, the law includes exceptions for health care
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.
Harassment, sexual harassment, discrimination, victimization, violence and many other kinds of offensive or inappropriate behavior qualify as unwelcome conduct. All of them will create a hostile work environment if they're happening consistently or purposefully, or in the case of a single incident, if they're severe.
In the discrimination setting, the Montana Human Rights Act applies. 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 ranked especially high in its rate of new entrepreneurs. According to U.S. Census Bureau data, the number of new business applications in the state rose 50% between January of 2020 and January of 2021.
Elements of a hostile work environment include:Discrimination based on religion, age, race, sex or disability.Intimidating environment.Offensive behavior.Physical or mental abuse.
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.
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.
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