Montana Wrongful Termination Laws

Montana relies heavily on federal wrongful termination and discrimination laws, such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964, to protect employees within their state. However, they have enacted some state statutes to supplement those laws and further protect workers. While Montana is an “at will” state, they have enacted the Wrongful Discharge from Employment Act to further specify employer and employee rights to terminate the working relationship. All employees in the state who believe they have been wrongfully terminated from a position have the right to file claims with the local human rights offices or in the courts with the help of employee rights attorneys.

Montana’s Specific Labor Laws

The state statutes Montana employs to supplement federal laws include the following:

Benefit	State Law	Additional Benefits
Right to Work	No
State Minimum Wage	$6.15; $4.00 for employers with gross yearly sales of $110,000 or less	No tip credit; minimum wage for tipped employees $6.15
State Military Leave	Yes	State militia members called up for emergency/disaster service receive unpaid leave for duration of emergency; employer prohibited from discriminating because of militia service, enlistment, leave, or return to the job; leave may not be deducted from vacation, sick, or other employee leave unless employee volunteers to do so
Jury Duty	No
Voting	No
Garnishment	Yes	Employer fee of $5 per month for child support payments; no penalties to employee due to garnishments (no number specified)
State Family & Medical Leave	Yes	All employers covered; all employees eligible; leave is “reasonable leave of absence” for pregnancy, maternity, & childbirth
Arrest & Conviction Records	No
Discrimination	Yes	For 1 or more employees; age; national origin; disability (physical or mental); gender; marital status; pregnancy/ childbirth; race; religion
Whistleblower	Yes	For both public and private employees; retaliation or termination for reporting prohibited
Plant Closings	No

*These laws change often, so consult local statutes for the most up-to-date information.

Montana Discrimination Laws

Federal laws provide a high level of protection for Montana workers against discrimination due to race, color, religion, sex, or national origin; and state laws provide additional protections. However, if employers violate those laws, employees may file claims or lawsuits in accordance with the following standards:

Private discrimination lawsuits are preempted by actions through state agencies.
Employees are not limited to human rights claims, but may pursue personal lawsuits for discrimination remedies.
Employees may recover attorney’s fees from a defendant as part of a successful discrimination settlement.
The statute of limitations for Montana discrimination claims is 180 to 300 days.

Filing a Claim for Wrongful Termination

Whether an employee chooses to pursue a claim through state agencies or a lawsuit through an employee rights attorney, it is important to thoroughly investigate the applicable state laws to ensure their case is valid. Conciliation or mediation can often solve the problem out of court; however, if those efforts fail, employees in Montana have the right to file a private lawsuit.

Legal Remedies for Wrongful Termination

Either through federal or state laws, there are many possible remedies for wrongful termination, especially when it is based on discrimination. Employees and their lawyers should be sure they pursue all of the options that are open to them under Montana law:

Lost wages
Punitive damages
Reinstatement of benefits and position
Compensation for stress and suffering
Injunctive relief in the workplace
Attorney’s fees and court costs

Montana law also provides additional penalties for employers who violate wrongful termination protection laws:

Jury duty – employer may be liable for back pay, damages, attorney’s fees, and reinstatement

Garnishment – for wrongful termination because of garnishment, employer liable for fines of $150 to $500, reinstatement, full restitution, lost wages

Whistleblower – employee may file internal appeals for wrongful termination; after 90 days or exhausting internal actions, may file claim or suit up to 1 year after termination for lost wages, fringe benefits (for up to 4 years from termination), and punitive damages

The Human Rights Bureau is the source of information and claim options for Montana workers whose rights have been violated. However, employees are not limited to agency claims. They may also choose to take more complicated cases to an employee rights attorney to ensure that all avenues of remedy are being pursued as thoroughly as possible.