Montana Employment Consents Package
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FAQ
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.
Montana employment contracts are written agreements between employers and employees that establish their working relationship. On the document, the employer will specify the responsibilities of the employee's position, the amount of financial compensation, and the duration of employment.
Montana is the only state that is not an at-will-employment state. Montana enforces a "good cause" standard for terminating employment. Mont. Code § 39-2-903 & Mont.
Montana is the only state that is not an at-will-employment state. Montana enforces a "good cause" standard for terminating employment. Mont. Code § 39-2-903 & Mont.
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.
Generally, under Montana Code Ann. § 39-3-205, an employer must immediately issue a final paycheck to a terminated employee, within four (4) hours or the end of the business day, whichever occurs first, unless the employer has a preexisting written policy to the contrary.
Private sector employers are not required to pay out severance pay, sick leave, or paid time off (PTO). These are considered benefits and may be paid based on the employer's policies. There is no requirement in state law to provide these benefits.
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.
