Is Montana an At-Will Employment State?

Montana is a state located in the western region of the United States. It is known for its natural beauty, diverse wildlife, and outdoor recreation opportunities. However, for those who live and work in Montana, one question that often arises is whether Montana is an at-will employment state.

What is At-Will Employment?

At-will employment is a term used to describe the relationship between an employer and an employee, where either party can terminate the employment relationship at any time, for any reason, or for no reason at all, without the need for a specific cause or reason. In other words, an employer can fire an employee without providing a reason, and an employee can quit without giving notice.In most states, including the majority of western states, employment is considered at-will by default.

What is the law in Montana?

Montana is unique in that it is the only state in the United States that is not an at-will employment state. Montana has a law that provides additional protection to employees, known as the Montana Wrongful Discharge from Employment Act (MWDEA). The MWDEA was enacted in 1987 and provides that employees in Montana cannot be fired without "good cause." "Good cause" is defined as a "reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer's operation, or other legitimate business reason." This means that an employer must have a valid reason for terminating an employee's employment, such as poor job performance or misconduct.In addition, the MWDEA also provides protection to employees who have completed a probationary period of six months or more. After this probationary period, the employer must have "good cause" for terminating the employee, just as with any other employee.There are some exceptions to the MWDEA, however. For example, the law does not apply to employees who are covered by a collective bargaining agreement or to employees who are hired for a specific term of employment. In addition, the MWDEA does not protect employees who are terminated as a result of a reduction in force or layoffs.

What does this mean for Staffing Firms?

Staffing firms making placements in Montana need to be aware of this employment risk and how it affects their ability to hire and fire workers. Clients that let employees go for no “good cause” may put additional risk on staffing firms if they are operating as the employer. To avoid that risk many staffing firms partner with Employer of Record (EOR) providers to protect their businesses from situations like this. In conclusion, Montana is not an at-will employment state. Instead, it has a law known as the Montana Wrongful Discharge from Employment Act, which provides additional protections to employees. Under this law, an employer must have "good cause" for terminating an employee's employment, which means a reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer's operation, or other legitimate business reason.