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Employee Handbooks - Work Rules - Employee Conduct: Montana

Employee Handbooks - Work Rules - Employee Conduct requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jason S. Ritchie, William R. Dabney, Holland & Hart, LLP


  • Montana is not an at-will state. Good cause is required by law to terminate an employee who has successfully completed the employer's initial probationary period. See At-Will Employment.
  • Employers may not terminate employees in violation of existing handbooks or other personnel policies. See At-Will Employment.
  • Smoking is prohibited in most workplaces. See Smoking.
  • Weapons may be banned from any workplace. See Weapons.
  • Employers typically may not make rules interfering with employee's use of lawful products while off duty. See Employee Personal Activities Outside of Work.
  • Most employers must prohibit smoking on employer's premises. See Smoking.
  • Employers may implement drug/alcohol testing only for certain employees and only according to a written program meeting a number of minimum requirements as defined by law. See Drug and Alcohol Testing.
  • Montana employers need not provide rest and meal breaks, but must pay wages for any breaks of 30 minutes or less. See Breaks and Meal Periods; Hours of Work Restrictions.
  • Overtime requirements in Montana are similar to federal law. See Overtime.
  • Private employers in Montana need not provide leave for jury and witness duty, or to allow employees to vote. See Jury Duty/Witness Duty/Voting.