Court: Montana Wrongful Discharge Act Applies to Out-of-State Employer shrm.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from shrm.org Daily Mail and Mail on Sunday newspapers.
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Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific issues for employers to consider if they have employees who work in Montana, even if those employees live in, or are based out of, another state.
McCue v. Integra Imaging, P.S., CV-19-147, 2021 U.S. Dist. LEXIS 30477 (D. Mont. February 18, 2021). In particular, out-of-state employers should be aware that Montana courts may disregard a choice of law provision in an employment contract selecting the laws of another state if an employee performs most of the employee’s work in Montana. Employers with workers performing most of their job duties in the state of Montana should be prepared to comply with Montana’s just cause standard for discharge and provide employees with a termination letter indic