Many Montana employees can claim the protection of Montana’s unique Wrongful Discharge from Employment Act, which generally bars an employer for terminating an employee without “good cause” after the employee has completed a...more
On May 7, 2021, Governor Greg Gianforte signed House Bill 702, which prohibits discrimination based on vaccination status or possession of an immunity passport. Specifically, the Act makes it unlawful for employers to refuse...more
5/17/2021
/ Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
New Guidance ,
New Legislation ,
State Labor Laws ,
Vaccinations ,
Vaccine Passports
Lawsuits from the deaf and hard-of-hearing community may require companies to consider new reasonable accommodations during the COVID-19 pandemic, such as transparent face masks for employees and clean writing tools for...more
Montana is often perceived as unfriendly to restrictive covenants in employment agreements. But in a decision last week, the Montana Supreme Court showed its willingness to enforce those covenants, when they contain...more
Refusing to enforce a non-solicitation provision that violated public policy, the Colorado Court of Appeals held that parties to a non-solicitation agreement cannot contractually obligate the court to “blue pencil” the...more
8/9/2019
/ Appeals ,
Blue Pencil Contract Modification ,
Breach of Contract ,
Contract Terms ,
Employment Contract ,
Jury Verdicts ,
Motion to Set Aside the Verdict ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Public Policy ,
Reaffirmation ,
Restrictive Covenants
Quirky Question -
I was laid off by my Montana employer and I have decided to help my brother with his start up business. I will be a 50% owner but we are not going to take a salary until revenue is substantial. An...more
Employees at the Kalispell Regional Medical Center, upon being hired, signed a probationary employment contract that read, "Upon expiration of this Probationary Employment Contract, if the Employer and Employee elect to...more
An employee in our Corporate Office recently informed Human Resources that she was requesting bereavement leave with respect to her sister’s death last month. When she was informed of our company policy, that up to 3 days of...more
We are an accounting firm and recently fired an employee at will. We have always understood that Montana law disfavors non-competition agreements, therefore, our employment agreement provides that if the accountant provides...more
We are in Montana and a very obese woman recently applied for a manager position. The position is more physical than most in that there is significant walking between facilities, and the candidate must climb ladders to view...more