What legal action can an employee in Montana take if their previous employer jeopardizes their chances of seeking new employment?

It isn’t uncommon for an individual to have worked multiple jobs in their lifetime as their experience, skills, and circumstances gradually change. An individual might graduate from college, making them more qualified to take on a higher-paying job. Someone may find they do not like the environment their employer has them working under and may choose to seek new employment. No matter what the case may be, most individuals in Montana and all across the U.S. have likely worked for more than one employer.

While some employees are able to leave their place of employment on good terms, whether they were let go or quit, others may not be so fortunate. Despite whether a person is discharged from a job on good or bad terms, their employer must not interfere with their ability to seek new employment. In fact, Mont. Code §39-2-802 states that an individual who “prevents or attempts to prevent, by word or writing of any kind, the discharged employee from obtaining employment with another person,” they shall be punished for their actions and could be held liable for providing the employee with punitive damages.

Montana Prohibits Blacklisting

In addition to that law, Mont. Code §39-2-803 also states that a company, corporation, or person can be held liable if they blacklist an employee they discharged. An example of blacklisting might go something like this:

An employee submits an impressive resume and is later called in for an interview. After the interview, the potential employee is told how well they did and should expect to receive a call regarding the position. A few days later, the individual is contacted and told the company is no longer interested in them.

Although a company can certainly have a change of heart when trying to find the perfect candidate to fill their positions, Montana law prohibits previous employers from jeopardizing an employee’s chances of obtaining a new job.

What information can a former employer provide to a potential employer?

The law does allow a former employer to provide by word or in writing to another employer the actual reason for why they discharged an employee. The goal of this is merely to inform the new employer of why an employee was let go and should not be used as an opportunity to bad mouth him/her.

Suing a Former Employer in Montana for Blacklisting an Employee

If an individual in Billings, Missoula, Great Falls, or any other city within the State of Montana feels their previous employer blacklisted them which has jeopardized their chances of seeking new employment, they should contact USAttorneys.com to get connected with a Montana employment law attorney. An attorney will be able to assess the situation and determine whether the employee has the legal grounds to sue.