Process of Termination: Montana
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.
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