THE MOST IMPORTANT THING YOU NEED TO KNOW ABOUT EMPLOYMENT RIGHTS
Under federal laws and state statutes, employees have protections from abuses in the workplace including discrimination, sexual harassment or wrongful termination. However, not all employers are fully aware of the rights their employees have or don’t take the proper steps to protect those rights. Such cases often call for the victims to seek out a labor attorney.
Montana Workplace Discrimination and Harassment Laws
In the state of Montana, it is unlawful to discriminate against anyone who belongs to a protected class as outlined by federal law. In Montana, protected classes are based on age, creed, gender, physical or mental disability, marital status, pregnancy, race or religion. Employers are also prohibited from retaliating against an employee for reporting workplace abuses.
Examples of discrimination and harassment include:
Firing someone because of their sexual orientation
Refusing to hire someone because of their race or national origin
To deny a pregnant women employment or maternity leave
Cutting an employee’s hours or wages
Are There Time Limits to Filing a Workplace Discrimination Claim in Montana?
The Montana Department of Labor and Industry requires you file your workplace discrimination within 180 days of the alleged discrimination or harassment. If you fail to meet this deadline, you won’t be allowed to file a civil complaint.
Send your complaints to:
Montana Department of Labor and Industry
1315 Lockey Ave.,
Helena, MT 59601
Important Laws for Montana Employers
Any employer who hires one or more employees is subject to the Montana Civil Rights Act.
Questions on employment applications can only ask about an individual’s skills, work experience, education and other questions related to an applicant’s ability to perform a job.
Employers cannot ask an applicant their age, race, sexual orientation, religion or political views.
Employers can avoid discrimination and harassment claims by developing a comprehensive training program.
Employers must apply the rules to all employees equally to avoid discrimination claims.
Employers who develop comprehensive training and have clear discrimination and harassment reporting policies can avoid Equal Employment Opportunity Commission and Montana
Montana’s Good Cause Rule applies in cases when an employee believes they were wrongfully terminated “without good cause.” The rule is outlined in the Montana Wrongful Discharge from Employment Act of 1987 (WDEA) and states that employees who believe they were fired without sufficient grounds have the right to challenge their former employer in court or through arbitration. Additionally, the law limits the amount a person can recover to four years of wages and benefits.
Contact an Employment and Labor Lawyer in Montana
Discrimination and harassment cases have a high bar of proof and should be handled by an employment and labor attorney in Montana.
USAttorneys.com can connect you with a lawyer to help with your discrimination claim and other labor issues including:
Overtime pay discrepancies
Demotion without reason
We have employment and labor attorneys throughout the state if Montana ready to assist with a range or workplace complaints. You can set up a free consultation and learn what you need to do next. Call and arrange a case evaluation and get your claim underway. The sooner you act, the sooner you can put hold your employer accountable and put the issue behind you.