Employees wrongfully terminated from jobs are entitled to possible damages through a discrimination charge or lawsuit. What is wrongful termination and how can it result in compensation? Wrongful termination in Montana occurs when an employer fires an employee for reasons considered illegal by either the federal or state government.
In Montana, an employer wrongfully fired an employee if the reason was without good cause and not directly related to job duties. Employees wrongfully fired from jobs based on discrimination have valid cases and can seek assistance from the Equal Employment Opportunity Commission (EEOC).
The result of an unlawful termination lawsuit is the employer will need to pay damages. Employees who feel their employment discharge constitutes as a wrongful dismissal and seek restitution will need to know how to file a charge against their former employer. For information on what to do after being wrongfully terminated in Montana, read the topics below:
- Types of Illegal Termination in Montana
- Types of Legal Termination in Montana
- At-Will Employment Exceptions in Montana
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Montana
- Filing a Lawsuit Against Your Employer in Montana
Montana Unemployment Resources
Types of Illegal Termination in Montana
While there are many types of illegal dismissal of employment, the federal government explicitly prevents termination based on discrimination. Types of illegal termination of employment based on discrimination issues include prejudices against the employee’s age, disability, race, citizenship or veteran status. Other discriminatory types of unlawful termination from employment consist of gender, genetic information and sexual orientation.
Types of illegal termination in Montana indicate that an employer cannot legally fire any employee in retaliation for his or her refusal to violate public policy. Additional types of illegal firing include situations where the employer violated the written policies of the company. It is important to know the types of unlawful terminations, as this is the ‘cause of action,’ which warrants a discrimination charge or possible lawsuit resulting in monetary damages.
Types of Legal Termination in Montana
The types of legal termination of employment are those that indicate good cause. Good cause types of legal firing include failing to perform job duties, disrupting daily operations and end of employment contract.
Other types of legal termination in Montana are violating company policies and employee misconduct. However, good cause does not come into effect until the employee has completed the preliminary probationary period.
The legal reasons for terminating employees in Montana also include business closures and layoffs due to lack of work. When looking into types of legal dismissal of employment, the employer will need to have documentation supporting the claim.
At-Will Employment Exceptions in Montana
The question, “What is employment at will” is a commonly asked question amongst employees. Employment at-will gives the employer the right to discharge an employee for any reason and at any time. Is Montana an at will state?
Montana is the only state that does not have employment-at-will but instead operates on a good cause doctrine, which means employers can only discharge an employee for reasons directly related to work issues like poor performance. Every state has exceptions to at will employment including public policy, covenant of good faith and implied contract.
At will employment exceptions in Montana include implied contract and public policy. Implied contract refers to a non-written agreement of employment, whereas public policy exceptions to at will employment prevent employers from firing employees who refuse to violate public policies. Montana does not recognize covenant of good faith.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Montana
It is important to know how to file a charge of employment discrimination and what qualifies as illegal termination after a wrongful discharge. Employees can find out how to file an EEOC employment discrimination and if the case is eligible for filing by contacting an EEOC office. To file a wrongful termination discrimination charge employees must submit a claim within 180 days of the incident.
After filing a charge of discrimination in Montana, the EEOC will attempt mediation between the employer and employee, which will close the case within three months. Unsuccessful mediation will lead to an investigation into the former employer with the EEOC conducting interviews, visiting the facility and collecting employment documentation.
The EEOC will work on reaching a settlement with the former employer after reviewing the case, which can take about 10 months. If after filing a charge of discrimination in Montana the EEOC cannot reach a settlement or finds no reason to pursue the case, the agency will grant the former employee a Notice of Right to Sue. When the EEOC issues a Notice of Right to Sue, a former employee will have 90 days from the date of receipt to begin legal proceedings.
Filing a Lawsuit Against Your Employer in Montana
Can I file a lawsuit for wrongful termination if my employer just fired me? You can file a lawsuit against your employer in Montana only after you filed a discrimination charge with the EEOC and received a Notice of Right to Sue. A wrongful termination lawyer can tell you how to file a wrongful termination lawsuit as well as assist you in gathering the required evidence for your case.
Suing for wrongful termination in Montana is a time consuming process and legal representation can streamline the process. When filing a wrongful termination claim against employers, the court will need to see employment documents, paystubs, witness accounts and written statements. When workers file lawsuits against employers for wrongful termination and the court substantiates the claim, the employer must pay monetary damages and legal fees.
Last Updated: October 18, 2022