Montana Employment Agreements Package
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FAQ
However, employment agreements can be completed in different ways - with a handshake or signing a legal document, and we can divide them into three groups - written, oral, or implied.
The employment agreement spells out the rules, rights, and responsibilities of both the employer and the employee and includes any special obligations or terms that are unique to the position. Employees can negotiate the terms of their employment, including salary and benefits, before signing an employment contract.
Illegal Terms Any other clause that asks an employee to agree to something made illegal by state or federal law is also void. For example, a clause that asks an unsalaried employee to work unpaid overtime is void.
This includes: Pay intervals (for example, weekly or monthly) Paid leave, including your annual leave and public holiday entitlements. Sick pay. Pension and pension schemes. Period of notice to be given by employer or employee. Details of any collective agreements that may affect your terms of employment.
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.
(1) Except as provided in subsections (2) and (3), when an employee is separated from the employ of any employer, all the unpaid wages of the employee are due and payable within 3 days, except for employees of the state of Montana and its political subdivisions who would be paid on the next regular payday for the pay ...
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).
