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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 their initial probationary period. 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.