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Wrongful Discharge from Employment Act

According to 'Montana: Wrongful Discharge from Employment Act', identify the parts of this law that appear to benefit employees and the employers.

Solution Preview

In order to answer this question, the first thing you may want to note is what the Wrongful Discharge from Employment Act (WDEA) entails; after which, you may look at the parts of the act that appear to benefit employees and the part that benefits employers or both. Note the following excerpt which explains how the Montana Wrongful Discharge from Employment Act came about.

"Prior to 1987, the Montana Supreme Court developed a number of common law employment discharge remedies which provided greater protection for employee rights than available in many other states. Those remedies included actions for breach of the implied covenant of good faith and fair dealing, negligence, wrongful discharge based on violations of public policy, and breach of contract. In 1987, however, in response to a series of large damage awards in favor of employees, the legislature enacted the Wrongful Discharge From Employment Act. The Act balances the interest of an employee in job security, and the employer's interests in efficiency, greater certainty, and limiting risk in making employment decisions." (Source: http://www.gsjw.com/catalogs/catalog110/section172/file44.pdf)

This act clearly seeks to benefit both employees and employers therefore. Put simply, "its main feature is that it prohibits discharge for other than good cause, and it gives the employee the right to challenge a termination in court or before an arbitrator. The WDEA pushes employees and employers toward arbitration by making the party who rejects an offer to arbitrate, and who then loses ...

Solution Summary

This solution provides you with information what the Wrongful Discharge from Employment Act (WDEA) entails and how it came about. It also informs you about the parts of the act that appear to benefit employees and the part that benefits employers or ways in which either party can benefit from the act.

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