• Montana state contour with Capital City against blurred USA flag image by Stasys Eidiejus from Fotolia.com
  
  At-will employment is a legal concept that allows an employer, or employee to terminate their employment at any time for any legal reason. Montana practices the at-will employment concept. If an employer terminates an employee for a legally-protected reason, the employee has been wrongfully terminated/discharged. If you are working, or plan to work, in Montana, you might find it helpful to understand some of the state's wrongful termination laws.
  
  

Wrongful Discharge from Employment Act (WDEA)

• Unlike other states where a broad range of circumstances qualifies as "wrongful termination," Montana law is very specific. The Wrongful Discharge from Employment Act (WDEA) of 1987 defines what constitutes wrongful termination.
  
  Under WDEA, it is wrongful termination if you were terminated because you refused to violate public policy or because you reported a violation of public policy. WDEA defines public policy as "a policy in effect at the time of the discharge concerning the public health, safety, or welfare established by constitutional provision, statute, or administrative rule."
  
  It also wrongful termination if you completed your probationary period of employment and your employer discharged you without good cause. The law defines "good cause" as any reasonable work-related grounds for discharge, which may include but is not limited to disruption in the workplace, inability to perform job duties or any other business reason as long as the reason does not violate any state or federal mandate.
  
  Finally, WDEA states that it is wrongful termination if your employer violated any provision(s) outlined in its personnel policy.
  
  

Military Leave

• If you are a member of the armed forces, Montana law states that your employer may not terminate your employment because of your military affiliation. In addition, if you are called into active duty, or for any disaster and/or emergency, your employer must provide you with unpaid leave for the length of your service and your employer must reinstate your position upon your return from any military-related service.
  
  It is prohibited for your employer to deduct your military leave from your vacation, employee leave or vacation unless you personally waive this right.
  
  

Whistleblower Protection

• Montana law provides harsh penalties for employers who retaliate against whistleblowers. If you report illegal activity in the workplace, your employer may not take any adverse action, directly or indirectly, against you. If you believe you have been terminated because you were a whistleblower, your employer can be found guilty of violating this provision.
  
  

Family and Medical Leave Act (FMLA)

• If you work for an eligible Montana employer and you meet specific requirements, you may qualify for 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) of 1993.
  
  You must have worked for the same employer for 12 months, or have worked a minimum of 1,250 hours in the last 12 months with your employer to qualify for this leave. In addition, your employer must be a federal, state, or local agency or a private employer with 50 or more employees who work a minimum of 20 weeks in any given calendar year and are engaged in interstate commerce.
  
  Your employer is prohibited from terminating your employment because you took a leave under FMLA.
  
  

Other Protections against Wrongful Termination

• Montana employers may not terminate employees because of race, sex, religion, age, national origin, pregnancy, or disability (both physical and mental).
  
  Similarly, Montana law prohibits your employer from considering these factors with regard to wages, termination, job assignments or promotions.