Wrongful Termination in Montana
Montana is generally an at-will state, but some firings are illegal. Here are the exceptions, retaliation protections and where to file.
Short answer: Montana is not a pure at-will state. After an employee finishes the employer's probationary period, a firing is wrongful if it is not for good cause, is retaliation for refusing to violate or reporting a violation of public policy, materially violates the employer's written personnel… MCA 39-2-904; MCA 39-2-911 (Wrongful Discharge from Employment Act)
| At-will employment and exceptions | Montana is not a pure at-will state. After an employee finishes the employer's probationary period, a firing is wrongful if it is not for good cause, is retaliation for refusing to violate or reporting a violation of public policy, materially violates the employer's written personnel policy, or is based solely on legal free speech. During probation, either side may end employment for any reason. A lawsuit must be filed within 1 year of the discharge. Deadline: https://archive.legmt.gov/bills/mca/title_0390/chapter_0020/part_0090/section_0110/0390-0020-0090-0110.html |
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| Whistleblower and retaliation protection | Firing an employee in retaliation for refusing to violate public policy or for reporting a violation of public policy is a wrongful discharge. Claims must be filed within 1 year of the discharge, after using any written internal appeal procedure. Source: MCA 39-2-904(1)(a); MCA 39-2-911 |
| Job discrimination complaints | Montana Human Rights Bureau (Department of Labor and Industry). The Montana Human Rights Act covers employers of 1 or more persons. A complaint must be filed within 180 days of the discriminatory act (longer in some cases where a grievance procedure was used first). Employer definition: https://archive.legmt.gov/bills/mca/title_0490/chapter_0020/part_0010/section_0010/0490-0020-0010-0010.html Source: MCA 49-2-501; MCA 49-2-101(11) |
Where to get help in Montana
- Montana Department of Labor and Industry, Employment Standards Division (Wage and Hour Unit)
- File a complaint or claim
More Montana employment law
- Minimum Wage in Montana
- Final Paycheck Laws in Montana
- Non-Compete Agreements in Montana
- All Montana employment law rules
FAQ
Is Montana an at-will employment state?
Montana is not a pure at-will state. After an employee finishes the employer's probationary period, a firing is wrongful if it is not for good cause, is retaliation for refusing to violate or reporting a violation of public policy, materially violates the employer's written personnel policy, or is based solely on legal free speech. During probation, either side may end employment for any reason. A lawsuit must be filed within 1 year of the discharge.
Is it illegal to fire someone for reporting a violation in Montana?
Firing an employee in retaliation for refusing to violate public policy or for reporting a violation of public policy is a wrongful discharge. Claims must be filed within 1 year of the discharge, after using any written internal appeal procedure.
Where do I file a job discrimination complaint in Montana?
Montana Human Rights Bureau (Department of Labor and Industry). The Montana Human Rights Act covers employers of 1 or more persons. A complaint must be filed within 180 days of the discriminatory act (longer in some cases where a grievance procedure was used first).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.