Contrary To Popular Belief Montana Is Not An “At Will” State

What does 'At Will' Mean in Montana?

At-will means that the relationship between employee and employer can be terminated at any time for any "legal" reason with no consequences.

According to the National Conference of State Legislatures at will also means the employer can make changes to details within employment for any reason including, "an employer can alter wages, terminate benefits, or reduce paid time off."

In other words an employer can change your hours, your pay, make you work on call or change your benefits at any time.

READ MORE: The 10 Most Dangerous Jobs In Montana

So why is Montana different?

Almost every state in the US is considered a "presumed" at-will relationship except for Montana. In Montana the Legislature requires that if a Montana company wishes to terminate an employee they must provide good cause, or a legal reason why they no longer think the employee is benefiting them whether due to theft, failure to comply with job duties or not showing up for work.

Although probationary periods do not seem to be affected by this as most say they can terminate at any point during the period of time specified.

Have you seen at will listed on your employment paperwork?

I have. And the reason I believe I have seen this is only with larger companies where they may have a corporate headquarters somewhere other than Montana.

If the headquarters is based somewhere else they must be able to follow the law in that state. Although I was unable to confirm if this is the case during my research.

READ MORE: Downtown Great Falls Jobs

Have you seen "at-will" on your new hire paperwork? Montana Law Help provides more information about what "good cause" is and wrongful termination.