Wrongful Discharge
MCA 39-2-904 — after the probationary period a firing needs good cause, with lost wages up to 4 years and 1 year to sue
A discharge is wrongful if it was not for good cause after the probationary period, if it was in retaliation for refusing to break public policy or for reporting a violation, if the employer broke its own written personnel policy, or if it was solely for the employee's legal free speech.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
- Good cause is a reasonable job related ground: poor performance, disrupting the operation, breaking a written policy, or another legitimate business reason.
- Where the employer sets none, the probationary period is 12 months from the day the employee begins work, and with extensions it may not run past 18 months.
- During the probationary period, either side may end the job for any reason or none.
A wrongfully discharged employee may be awarded lost wages and fringe benefits for up to 4 years from the discharge, with interest, less what the employee earned or could have earned in the meantime. Damages for pain, suffering or emotional distress are not available.
One year, and the employer's appeal first. The suit is filed within 1 year after the discharge. If the employer has a written appeal procedure, the employee uses it first, and the employer gives notice of it within 14 days of the discharge.
Sources for this section (5)
- MCA 39-2-903 — Definitions
- MCA 39-2-904 — Elements of wrongful discharge
- MCA 39-2-905 — Remedies
- MCA 39-2-910 — Probationary period
- MCA 39-2-911 — Limitation of actions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.