Employment in the state of Montana is mostly considered to be "at-will" employment. "At will" means that for any reason, both the employer or the worker may end the work relationship at any time. The only exception to this are reasons that the law has specifically outlined as impermissible to use as a basis for employee termination.
It is important that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. Arrangements for employment that are under a set term contract are not "at will", and may only be terminated according to the clauses contained in the agreement.
What are the Illegal Grounds for Terminating At Will Employment in Montana?
The most common illegal ground for terminating a Montana employee is discrimination. An employer cannot terminate an employee simply for being of a particular race, nationality, religion or gender. A Whitefish employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Additionally, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Lastly, employers cannot fire employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a Montana Attorney for My Wrongful Termination Case?
Whitefish, Montana lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the required information and documents, and will guide you through any unique or special procedures.