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Can I fire employees for reasons other than poor performance in Montana? What are the requirements?

Based on the documents provided, Montana has specific requirements for closure or retrenchment of employees. If an employer decides to close or retrench, they must immediately notify the employees, affected employee organizations, affected local governments, and a newspaper of general circulation in the county where the governmental facility subject to closure or retrenchment is located. Within 90 days, the employer must provide the employees, affected employee organizations, and affected local governments with a written impact statement that includes information concerning the number of employees affected, the amount of the affected employees’ payroll, the potential tax losses to local governments and school districts, the effect on other businesses, and the reasons for the closure or retrenchment [1.1].

Regarding firing employees for reasons other than poor performance, Montana is an employment-at-will state, which means that employers can terminate employees for any reason, as long as it is not discriminatory or in violation of public policy [2.1]. However, if an employer discharges an employee from service, they must furnish the discharged employee in writing a statement of reasons for the discharge upon demand by the discharged employee [3.2]. Additionally, if a person, after having discharged an employee from service, prevents or attempts to prevent, by word or writing of any kind, the discharged employee from obtaining employment with any other person, the discharging person is punishable as provided in 39-2-804 and is liable in punitive damages to the discharged person, to be recovered by civil action [3.1].

In summary, Montana employers can terminate employees for any reason, as long as it is not discriminatory or in violation of public policy. If an employer discharges an employee, they must furnish the discharged employee in writing a statement of reasons for the discharge upon demand by the discharged employee. Employers must also be careful not to prevent or attempt to prevent a discharged employee from obtaining employment with any other person [2.1][3.1][3.2].

Source(s):
Jurisdiction

Montana