Process of Termination: Montana
Federal law and guidance on this subject should be reviewed together with this section.
Authors: XpertHR Editorial Team and Author: Jason Ritchie, William Dabney, Holland & Hart LLP
- A disciplinary dishcarge must occur consistent with the Montana Wrongful Discharge From Employment Act requiring good cause. See Termination for Cause.
- Montana has procedures in place regarding service letters and blacklisting prohibitions. See Service Letters and References.
- When an employee leaves their job, Montana employers must pay all unpaid wages within a certain time from the date of separation. Accrued vacation and earned commissions must also be paid in accordance with any agreement. See Final Paycheck.
- Montana law generally disfavors restrictive covenants or noncompete agreements for outgoing employees, though some limited types of these agreements may be allowed See Noncompete Agreements.
- Employers should take precautions to ensure that resigning employees are not doing so under circumstances that could lead to constructive discharge claims. See Constructive Discharge.