Process of Termination: Montana
Federal law and guidance on this subject should be reviewed together with this section.
Author: Michael C. Jacobson, XpertHR Legal Editor
- 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.