With the “at-will” employer policy leaving many workers feeling the pressure of the uncertainty of being let go from their job at any moment, and for any reason, is an uneasy feeling that can’t quite be satisfied. And while many states currently apply this policy in the work field, Montana is different in that is adheres to the law in a distinctive manner. However, there are other laws that have been enacted protecting employee rights, and employment and labor law attorneys in Montana want you to be familiar with what they are.
Montana.gov highlights the provisions of their laws pertaining to the firing of an employee and how it differs from those states adhering to the “at-will” policy. Rather than allowing employers the ability to freely decide when they want to let a worker go, the state has set in place a “Wrongful Discharge from Employment Act.” This means that the discharge of an employee is only considered a wrongful act if:
- It was done as a form retaliation.
- The employee completed the probationary period, and the firing was “not for a good cause.”
- “The employer violated the express provisions of its own written personnel policy.”
While Montana is considered a unique state in regards to its employment laws, labor and employment lawyers want citizens to be aware that the “at-will” policy can only take effect if an employer decides to let go a worker during their probationary period.
In the event an employer decides to practice their freedom to remove an employee from their company, they must not violate any of their rights by means of discrimination, retaliation, etc.
Montana employment and labor law legal representatives want you to be well aware that many laws have been put into place ensuring a worker is not wrongfully laid off. Ere Media highlighted some of these common laws below.
- Civil Rights Statue- Enacted in 1964, and protects individuals from being discriminated against in the workplace based upon “sex, race, national origin or religion.”
- Family and Medical Leave Act (FMLA)- Came into existence in 1993 and protects those employees who require time away from their job due to a serious health condition they developed, or a suffering family member with a serious health condition.
- Fair Labor Standards Act- This law requires employers to pay their workers at least minimum wage and overtime, and should an employee complain regarding their pay rate, they cannot be fired due to their discontent.
Among the laws written to provide some sort of security for individuals in the workplace, there are cases where employers engage in a wrongful firing of an employee, which ultimately results as a feasible case for an employment law attorney to step in and remedy the situation. If you have suffered from a loss of wages, and struggled from being wrongfully terminated from your job, reach out to a labor lawyer in Montana today.