Termination of Employment
Montana law provides numerous protections for employees. Among them are the Montana Human Rights Act and the Montana Wrongful Discharge Act.
The Montana Human Rights Act prohibits termination of employment on account of race, creed, religion, age, marital status and sex, as well as physical or mental disability, where the employee is able to perform the essential functions of his or her job. It also prohibits employer retaliation for filing a human rights complaint. Complaints alleging discrimination must be filed with the Montana Human Rights Commission or the United States Equal Employment Opportunity Commission where the discrimination may also violate federal law. There are strict time limits for complaints and specific procedures for processing complaints.
The Montana Wrongful Discharge Act, as a general matter, requires cause to discharge a non-probationary employee and requires employers to follow their employment policies when discharging an employee. The Act permits a probationary employee to be terminated without cause and provides for a presumptive six month period of probation for new employees. Cause is not limited to employee misconduct but may also encompass legitimate business reasons such as reductions in force or restructuring for legitimate business reasons. Montana district courts have jurisdiction over wrongful discharge complaints. As with the Montana Human Rights Act, the Wrongful Discharge Act has strict time limits for filing of complaints. It also limits the amount of damages a wrongfully discharged employee may collect.
Termination of employment is a significant event for both the employee and employer and is always fact specific. Where termination of employment is a possibility, it is important for both the employee and employer to obtain good legal advice as to the justification for termination, alternatives to discharge, and the procedural rights and requirements applicable to any termination.
Luxan & Murfitt, PLLP, offices are located on the fourth floor of the Montana Club Building in Helena, Montana. The information provided in these web pages is offered for informational purposes only; it is not offered as and does not constitute legal advice. Luxan & Murfitt, PLLP, does not seek to represent you based upon your visit or review of this web page site, and the transmission of information from this site is not intended to create nor does it create an attorney-client relationship between Luxan & Murfitt, PLLP, and you. You should not make legal hiring decisions based upon brochures, advertising, or other promotional materials.