This is a preview. To continue reading, register for free access now. Register Now or Log in

Process of Termination: Montana

Process of Termination requirements for other states

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

Author: XpertHR Editorial Team

Summary

  • A disciplinary dishcarge must occur consistent with the Montana Wrongful Discharge From Employment Act requiring good cause. See Wrongful Discharge Protection.
  • Montana has procedures in place regarding service letters and blacklisting prohibitions. See Service Letters and References.
  • When an employee voluntarily resigns, Montana employers must pay all unpaid wages on the next regular payday or within a certain time from the date of separation, whichever occurs first. Accrued vacation and earned commissions must also be paid in accordance with any agreement. See Final Paycheck.
  • Montana law strongly disfavors restrictive covenants or non-compete agreements for outgoing employees. However, employers may be able to enforce certain restrictive covenants or non-compete agreements if they meet a strict evidentiary burden. See Restrictive Covenants.