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Wrongful Termination in Montana

Reviewed by DocDraft Legal Team - Montana - Last updated November 12, 2026

Wrongful termination in Montana is governed by the Wrongful Discharge from Employment Act, so Montana is not an at-will state after the probationary period. A discharge is wrongful if it was not for good cause after the employee completed the probationary period, if it retaliated for refusing to violate or reporting a violation of public policy, or if the employer materially violated an express provision of its own written personnel policy and the violation deprived the employee of a fair and reasonable opportunity to remain employed, subject to the act's conditions. The act does not apply to employees covered by a written collective bargaining agreement or a written contract for a specific term, or to discharges covered by another statute that provides a remedy. A Wrongful Discharge Act action must be filed within 1 year after the date of discharge.

Find out where you stand in Montana

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What counts as wrongful termination in Montana?

After the probationary period, Montana is not at-will. Under the Wrongful Discharge from Employment Act, a discharge is wrongful if it was not for good cause, retaliated for refusing to violate or reporting a violation of public policy, or materially violated the employer's own written personnel policy, subject to the act's conditions. The act has exemptions.

Where do you file a discrimination complaint in Montana, and by when?

Discrimination complaints under the Montana Human Rights Act go to the Department of Labor and Industry within 180 days after the practice occurred or was discovered; the act covers employers of one or more persons. EEOC charges (15+ employees, 20+ for age) are due within 300 days from the date of harm.

How long do you have to sue for wrongful termination in Montana?

A Wrongful Discharge from Employment Act action must be filed within 1 year after the date of discharge (Mont. Code 39-2-911(1)), after any written internal appeal procedures. Human Rights Act claims go through the department first; after a notice of dismissal, a court action must be commenced within 90 days or the claim is barred (49-2-512(3)).

When is your final paycheck due after being fired in Montana?

When an employee is separated for cause or laid off by the employer, all unpaid wages are due immediately upon separation, unless a written personnel policy extends payment to the next regular payday or within 15 days, whichever comes first (Mont. Code 39-3-205(2)). If it is late, put your request in writing and keep a copy.

Montana wrongful termination rules

In Montana, finishing the probationary period changes the basic rule. Under the Wrongful Discharge from Employment Act, a discharge is wrongful if it was not for good cause and the employee had completed the probationary period, if it was in retaliation for refusing to violate, or reporting a violation of, public policy, or if the employer materially violated an express provision of its own written personnel policy and the violation deprived the employee of a fair and reasonable opportunity to remain employed (Mont. Code 39-2-904). The act does not cover employees under a written collective bargaining agreement or a written contract for a specific term, or discharges covered by another statute that provides a remedy (39-2-912). A Wrongful Discharge Act action must be filed within 1 year after the date of discharge. Discrimination complaints go to the Department of Labor and Industry within 180 days after the practice occurred or was discovered, and after a notice of dismissal a court action must be commenced within 90 days. On a for-cause separation or layoff, unpaid wages are due immediately unless a written policy extends payment to the next regular payday or 15 days, whichever comes first.

Relevant Laws

Mont. Code 39-2-904 (wrongful discharge)

A discharge is wrongful if not for good cause after probation, if retaliatory as the section describes, or if the employer materially violated an express provision of its own written personnel policy and the violation deprived the employee of a fair and reasonable opportunity to remain employed.

Mont. Code 39-2-911 (one-year limit)

An action under the Wrongful Discharge from Employment Act must be filed within 1 year after the date of discharge.

Mont. Code 49-2-501 (Human Rights complaint deadline)

A complaint must be filed with the department within 180 days after the practice occurred or was discovered.

Mont. Code 39-3-205 (final wages)

For-cause separation or layoff: unpaid wages are due immediately, unless a written policy extends payment to the next regular payday or 15 days, whichever is first.

Regional Variances

Montana wrongful termination rules

At-will status

Not at-will after the probationary period (Wrongful Discharge from Employment Act); the act does not cover employees under a written collective bargaining agreement or written fixed-term contract, or discharges covered by another remedy statute (Mont. Code 39-2-912).

Recognized exceptions

Discharge without good cause after probation, retaliation for refusing to violate or reporting a violation of public policy, and when the employer materially violated an express provision of its own written personnel policy and the violation deprived the employee of a fair and reasonable opportunity to remain employed (Mont. Code 39-2-904).

State agency and law

Department of Labor and Industry, Human Rights Bureau; Montana Human Rights Act, Mont. Code 49-2-101 and following.

Agency filing deadline

Within 180 days after the practice occurred or was discovered (Mont. Code 49-2-501(4)(a)).

EEOC charge deadline

300 days from the date of harm (EEOC Seattle and San Francisco offices), for employers with 15 or more employees, or 20 or more for age.

Employer size covered

Human Rights Act: employers of one or more persons (Mont. Code 49-2-101).

Whistleblower and retaliation law

Wrongful Discharge Act retaliation for refusing to violate or reporting a violation of public policy (Mont. Code 39-2-904(1)(a)).

Deadline to sue

Wrongful Discharge Act action within 1 year after the date of discharge (Mont. Code 39-2-911(1)); Human Rights Act: after the department's notice of dismissal, sue within 90 days or the claim is barred (49-2-512(3)).

Final paycheck

For-cause separation or layoff: immediately, unless a written personnel policy extends to the next regular payday or 15 days, whichever is first (Mont. Code 39-3-205(2)).

Suggested Compliance Checklist

Request your final pay in writing

Immediately, or per written policy days after starting

Montana makes unpaid wages due immediately on a for-cause separation or layoff, unless a written policy extends it to the next payday or 15 days, whichever comes first. If they are late, send a written request.

Document: final-paycheck-demand-letter

Save records and write a timeline

Within days of the firing days after starting

Keep the termination notice, messages, pay stubs and a dated timeline, with witness names.

File with the department for discrimination

180 days (state); 300 days (EEOC) days after starting

For discrimination, file within 180 days after the practice occurred or was discovered. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days.

File a WDEA action within 1 year

1 year after the discharge days after starting

A Wrongful Discharge from Employment Act action must be filed within 1 year after the date of discharge.

Send a demand letter or review a settlement

Before signing any release days after starting

A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.

Document: demand-letter

Frequently Asked Questions

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