Montana law provides for a just cause standard for termination of the employment relationship. In Montana a discharge is wrongful if:
- It was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy;
- The discharge was not for good cause and the employee had completed the employer's probationary period of employment; or
- The employer violated the express provisions of its own written personnel policy.
The following article may help you learn more about the just cause standard:
- Roseman, B. D. (2008, September). Just cause in Montana: Did the big sky fall? American Constitution Society for Law and Policy. Retrieved from http://www.acslaw.org/files/Roseman%20Issue%20Brief_0.pdf
Should other states follow Montana and implement a just cause standard for employee termination? Why or why not?© BrainMass Inc. brainmass.com June 19, 2018, 2:22 pm ad1c9bdddf
In my opinion, having a just cause clause for all states would be beneficial from a certain standpoint. While it would interfere with an employer's right to terminate at-will for any reason (Or no reason, as is now in most states), it would improve the accountability in termination. It can be easily seen where many terminations happen that should not. Employees are terminated for discrimination, blowing the ...
This solution examines Montana law in regards to the employment law issues presented. All questions are thoroughly answered.