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Can I terminate employees without violating employment laws in Montana? What are the requirements?

To terminate employees in Montana without violating employment laws, employers must comply with the state’s anti-discrimination laws and provide specific requirements for terminating the services of a tenure teacher. Employers must also provide notification and a written impact statement when making a decision to close or retrench [1.1][3.1][5.1][6.1][4.3][5.2].

Montana law allows for termination of employment generally by the expiration of its appointed term, the extinction of its subject, the death of the employee, or the employee’s legal incapacity to act as an employee [2.1].

Employment of teachers and specialists by contract in Montana requires that each teacher or specialist must be employed under written contract, and each contract of employment must be authorized by a proper resolution of the trustees and must be executed in duplicate by the presiding officer of the trustees and the clerk of the district in the name of the district and by the teacher or specialist. The contract of employment with a teacher or specialist may not require the teacher or specialist to teach more than 5 days a week or on any holiday recognized by 20-1-305. A teacher’s or specialist’s contract made in conflict with the 5-days-a-week provision of this section is not enforceable against the teacher or specialist [4.1].

In summary, employers in Montana must comply with anti-discrimination laws, provide specific requirements for terminating the services of a tenure teacher, and provide notification and a written impact statement when making a decision to close or retrench. Additionally, employment of teachers and specialists by contract in Montana requires specific written contracts and limitations on work hours [1.1][2.1][3.1][4.1][5.1][6.1][4.3][5.2].

Source(s):
Jurisdiction

Montana