reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-403. Duties of employee for own benefit

39-2-403. Duties of employee for own benefit.
One who is employed at the individual's own request to do that which is more for the individual's own advantage than for that of the employer shall use great care and diligence to protect the interest of the employer.
History: En. Sec. 2674, Civ. C. 1895; re-en. Sec. 5257, Rev. C. 1907; re-en. Sec. 7772, R.C.M. 1921; Cal. Civ. C. Sec. 1979; Field Civ. C. Sec. 1012; re-en. Sec. 7772, R.C.M. 1935; R.C.M. 1947, 41-205; amd. Sec. 1463, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-404. Employee shall obey employer

39-2-404. Employee shall obey employer.
An employee shall substantially comply with all the directions of the employer concerning the service on which the employee is engaged, except when obedience is impossible or unlawful or would impose new and unreasonable burdens upon the employee.
History: En. Sec. 2676, Civ. C. 1895; re-en. Sec. 5259, Rev. C. 1907; re-en. Sec. 7774, R.C.M. 1921; Cal. Civ. C. Sec. 1981; Based on Field Civ. C. Sec. 1014; re-en. Sec. 7774, R.C.M. 1935; R.C.M. 1947, 41-207; amd. Sec. 1464, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-405. Employee shall conform to usage

39-2-405. Employee shall conform to usage.
An employee shall perform service in conformity to the usage of the place of performance unless otherwise directed by the employer or unless it is impracticable or manifestly injurious to the employer to do so.
History: En. Sec. 2677, Civ. C. 1895; re-en. Sec. 5260, Rev. C. 1907; re-en. Sec. 7775, R.C.M. 1921; Cal. Civ. C. Sec. 1982; Field Civ. C. Sec. 1015; re-en. Sec. 7775, R.C.M. 1935; R.C.M. 1947, 41-208; amd. Sec. 1465, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-406. Degree of skill required

39-2-406. Degree of skill required.
(1) An employee is bound to exercise a reasonable degree of skill unless the employer has notice before employing the employee of the employee's want of skill.
(2) An employee is always bound to use the skill that the employee possesses, to the extent that the skill is required, for the service specified.
History: (1)En. Sec. 2678, Civ. C. 1895; re-en. Sec. 5261, Rev. C. 1907; re-en. Sec. 7776, R.C.M. 1921; Cal. Civ. C. Sec. 1983; Field Civ. C. Sec. 1016; re-en. Sec. 7776, R.C.M. 1935; Sec. 41-209, R.C.M. 1947; (2)En. Sec. 2679, Civ. C. 1895; re-en. Sec. 5262, Rev. C. 1907; re-en. Sec. 7777, R.C.M. 1921; Cal. Civ. C. Sec. 1984; Based on Field Civ. C. Sec. 1017; re-en. Sec. 7777, R.C.M. 1935; Sec. 41-210, R.C.M. 1947; R.C.M. 1947, 41-209, 41-210; amd. Sec. 1466, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-407. Duty to account

39-2-407. Duty to account.
An employee shall, on demand, render to the employer as often as may be reasonable just accounts of all the employee's transactions in the course of service and shall, without demand, give prompt notice to the employer of everything that the employee receives for the employer's account.
History: En. Sec. 2681, Civ. C. 1895; re-en. Sec. 5264, Rev. C. 1907; re-en. Sec. 7779, R.C.M. 1921; Cal. Civ. C. Sec. 1986; Field Civ. C. Sec. 1019; re-en. Sec. 7779, R.C.M. 1935; R.C.M. 1947, 41-212; amd. Sec. 1467, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-408. Duty of employee regarding items received on account of employer

39-2-408. Duty of employee regarding items received on account of employer.
An employee who receives anything on account of the employer in any capacity other than that of a mere servant is not bound to deliver it to the employer until demanded and is not at liberty to send it to the employer from a distance, without demand, in any mode involving greater risk than its retention by the employee.
History: En. Sec. 2682, Civ. C. 1895; re-en. Sec. 5265, Rev. C. 1907; re-en. Sec. 7780, R.C.M. 1921; Cal. Civ. C. Sec. 1987; Field Civ. C. Sec. 1020; re-en. Sec. 7780, R.C.M. 1935; R.C.M. 1947, 41-213; amd. Sec. 1468, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-409. Preference to be given to employer's business

39-2-409. Preference to be given to employer's business.
An employee who has any business to transact on the employee's own account similar to that entrusted to the employee by the employee's employer shall always give the employer's business the preference.
History: En. Sec. 2683, Civ. C. 1895; re-en. Sec. 5266, Rev. C. 1907; re-en. Sec. 7781, R.C.M. 1921; Cal. Civ. C. Sec. 1988; Based on Field Civ. C. Sec. 1021; re-en. Sec. 7781, R.C.M. 1935; R.C.M. 1947, 41-214; amd. Sec. 1469, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-410. Responsibility of employee for substitute

39-2-410. Responsibility of employee for substitute.
An employee who is expressly authorized to employ a substitute is liable to the principal only for want of ordinary care in the substitute's selection. The substitute is directly responsible to the principal.
History: En. Sec. 2684, Civ. C. 1895; re-en. Sec. 5267, Rev. C. 1907; re-en. Sec. 7782, R.C.M. 1921; Cal. Civ. C. Sec. 1989; Field Civ. C. Sec. 1022; re-en. Sec. 7782, R.C.M. 1935; R.C.M. 1947, 41-215; amd. Sec. 1470, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-411. Surviving employee

39-2-411. Surviving employee.
When service is to be rendered by two or more persons jointly and one of them dies, the survivor shall act alone if the service to be rendered is of a type that the survivor can rightly perform without the aid of the deceased person, but not otherwise.
History: En. Sec. 2686, Civ. C. 1895; re-en. Sec. 5269, Rev. C. 1907; re-en. Sec. 7784, R.C.M. 1921; Cal. Civ. C. Sec. 1991; Field Civ. C. Sec. 1024; re-en. Sec. 7784, R.C.M. 1935; R.C.M. 1947, 41-217; amd. Sec. 1471, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 5. Termination of Employment › 39-2-501. Termination of employment generally

39-2-501. Termination of employment generally.
An employment is terminated by:
(1) the expiration of its appointed term;
(2) the extinction of its subject;
(3) the death of the employee; or
(4) the employee's legal incapacity to act as an employee.
History: En. Sec. 2701, Civ. C. 1895; re-en. Sec. 5272, Rev. C. 1907; re-en. Sec. 7787, R.C.M. 1921; Cal. Civ. C. Sec. 1997; Field Civ. C. Sec. 1027; re-en. Sec. 7787, R.C.M. 1935; R.C.M. 1947, 41-302; amd. Sec. 1472, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 5. Termination of Employment › 39-2-502. Termination by death or incapacity of employer

39-2-502. Termination by death or incapacity of employer.
(1) An employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of:
(a) the death of the employer; or
(b) the employer's legal incapacity to contract.
(2) An employee, unless the term of service has expired or unless the employee has a right to discontinue it at any time without notice, shall continue service after notice of the death or incapacity of the employer, to the extent necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to the successor. The successor shall compensate the employee for the service according to the terms of the contract of employment.
History: (1)En. Sec. 2700, Civ. C. 1895; re-en. Sec. 5271, Rev. C. 1907; re-en. Sec. 7786, R.C.M. 1921; Cal. Civ. C. Sec. 1996; Field Civ. C. Sec. 1026; re-en. Sec. 7786, R.C.M. 1935; Sec. 41-301, R.C.M. 1947; (2)En. Sec. 2702, Civ. C. 1895; re-en. Sec. 5273, Rev. C. 1907; re-en. Sec. 7788, R.C.M. 1921; Cal. Civ. C. Sec. 1998; Field Civ. C. Sec. 1028; re-en. Sec. 7788, R.C.M. 1935; Sec. 41-303, R.C.M. 1947; R.C.M. 1947, 41-301, 41-303; amd. Sec. 1473, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 5. Termination of Employment › 39-2-503. Repealed

39-2-503. Repealed.
Sec. 4, Ch. 583, L. 2001.
History: En. Sec. 2703, Civ. C. 1895; re-en. Sec. 5274, Rev. C. 1907; re-en. Sec. 7789, R.C.M. 1921; Cal. Civ. C. Sec. 1999; Field Civ. C. Sec. 1029; re-en. Sec. 7789, R.C.M. 1935; amd. Sec. 2, Ch. 245, L. 1969; R.C.M. 1947, 41-304; amd. Sec. 4, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 5. Termination of Employment › 39-2-504. Repealed

39-2-504. Repealed.
Sec. 10, Ch. 641, L. 1987.
History: En. Sec. 2704, Civ. C. 1895; re-en. Sec. 5275, Rev. C. 1907; re-en. Sec. 7790, R.C.M. 1921; Cal. Civ. C. Sec. 2000; Field Civ. C. Sec. 1030; re-en. Sec. 7790, R.C.M. 1935; R.C.M. 1947, 41-305.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 5. Termination of Employment › 39-2-505. Repealed

39-2-505. Repealed.
Sec. 10, Ch. 641, L. 1987.
History: En. Sec. 2705, Civ. C. 1895; re-en. Sec. 5276, Rev. C. 1907; re-en. Sec. 7791, R.C.M. 1921; Cal. Civ. C. Sec. 2001; Based on Field Civ. C. Sec. 1031; re-en. Sec. 7791, R.C.M. 1935; R.C.M. 1947, 41-306.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 6. Master and Servant › 39-2-601. Servant defined

39-2-601. Servant defined.
A servant is one who is employed to render personal service to the employer otherwise than in the pursuit of an independent calling and who in that service remains entirely under the control and direction of the employer, who is called the servant's master.
History: En. Sec. 2720, Civ. C. 1895; re-en. Sec. 5279, Rev. C. 1907; re-en. Sec. 7794, R.C.M. 1921; Cal. Civ. C. Sec. 2009; Field Civ. C. Sec. 1034; re-en. Sec. 7794, R.C.M. 1395; R.C.M. 1947, 41-401; amd. Sec. 1474, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 6. Master and Servant › 39-2-602. Term of hiring

39-2-602. Term of hiring.
(1) A servant is presumed to have been hired for such length of time as the parties adopt for the estimation of wages. A hiring at a yearly rate is presumed to be for 1 year; a hiring at a daily rate, for 1 day; a hiring by piecework, for no specified term.
(2) In the absence of any agreement or custom as to the term of service, the time of payment, or rate or value of wages, a servant is presumed to be hired by the month at a monthly rate of reasonable wages, to be paid when the service is performed.
History: (1)En. Sec. 2721, Civ. C. 1895; re-en. Sec. 5280, Rev. C. 1907; re-en. Sec. 7795, R.C.M. 1921; Cal. Civ. C. Sec. 2010; Field Civ. C. Sec. 1035; re-en. Sec. 7795, R.C.M. 1935; Sec. 41-402, R.C.M. 1947; (2)En. Sec. 2722, Civ. C. 1895; re-en. Sec. 5281, Rev. C. 1907; re-en. Sec. 7796, R.C.M. 1921; Cal. Civ. C. Sec. 2011; Based on Field Civ. C. Sec. 1036; re-en. Sec. 7796, R.C.M. 1935; Sec. 41-403, R.C.M. 1947; R.C.M. 1947, 41-402, 41-403.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 6. Master and Servant › 39-2-603. Renewal of hiring

39-2-603. Renewal of hiring.
Where, after the expiration of an agreement respecting the wages and the term of service, the parties continue the relation of master and servant, they are presumed to have renewed the agreement for the same wages and term of service.
History: En. Sec. 2723, Civ. C. 1895; re-en. Sec. 5282, Rev. C. 1907; re-en. Sec. 7797, R.C.M. 1921; Cal. Civ. C. Sec. 2012; Field Civ. C. Sec. 1037; re-en. Sec. 7797, R.C.M. 1395; R.C.M. 1947, 41-404.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 6. Master and Servant › 39-2-604. Time of service

39-2-604. Time of service.
The entire time of a domestic servant belongs to the master, and the time of other servants to such extent as is usual in the business in which they serve, not exceeding in any case 10 hours in the day.
History: En. Sec. 2724, Civ. C. 1895; re-en. Sec. 5283, Rev. C. 1907; re-en. Sec. 7798, R.C.M. 1921; Cal. Civ. C. Sec. 2013; Field Civ. C. Sec. 1038; re-en. Sec. 7798, R.C.M. 1935; R.C.M. 1947, 41-405.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 6. Master and Servant › 39-2-605. Servant to pay over without demand

39-2-605. Servant to pay over without demand.
A servant shall deliver to the servant's master without demand, as soon as with reasonable diligence the master can be found, everything that the servant receives for the master's account, but the servant is not bound without orders from the master to send anything to the master through another person.
History: En. Sec. 2725, Civ. C. 1895; re-en. Sec. 5284, Rev. C. 1907; re-en. Sec. 7799, R.C.M. 1921; Cal. Civ. C. Sec. 2014; Field Civ. C. Sec. 1039; re-en. Sec. 7799, R.C.M. 1935; R.C.M. 1947, 41-406; amd. Sec. 1475, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 6. Master and Servant › 39-2-606. When servant may be discharged

39-2-606. When servant may be discharged.
A master may discharge any servant, other than an apprentice, whether engaged for a fixed term or not:
(1) if the servant is guilty of misconduct in the course of the servant's service or of gross immorality, though unconnected with the service; or
(2) if, being employed about the person of the master or in a confidential position, the master discovers that the servant has been guilty of misconduct before or after the commencement of service of a nature that, if the master had known or contemplated it, the master would not have employed the servant.
History: En. Sec. 2726, Civ. C. 1895; re-en. Sec. 5285, Rev. C. 1907; re-en. Sec. 7800, R.C.M. 1921; Cal. Civ. C. Sec. 2015; Field Civ. C. Sec. 1040; re-en. Sec. 7800, R.C.M. 1935; R.C.M. 1947, 41-407; amd. Sec. 1476, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 7. General Liability Arising From Employment Relationship › 39-2-701. Indemnification of employee

39-2-701. Indemnification of employee.
(1) An employer shall indemnify an employee, except as prescribed in subsection (2), for all that the employee necessarily expends or loses in direct consequence of the discharge of duties as an employee or of the employee's obedience to the directions of the employer, even though unlawful, unless the employee at the time of obeying the directions believed them to be unlawful.
(2) An employer is not bound to indemnify an employee for losses suffered by the employee in consequence of the ordinary risks of the business in which the employee is employed.
(3) An employer shall in all cases indemnify an employee for losses caused by the employer's want of ordinary care.
History: (1)En. Sec. 2660, Civ. C. 1895; re-en. Sec. 5242, Rev. C. 1907; re-en. Sec. 7757, R.C.M. 1921; Cal. Civ. C. Sec. 1969; Field Civ. C. Sec. 1005; re-en. Sec. 7757, R.C.M. 1935; Sec. 41-102, R.C.M. 1947; (2)En. Sec. 2661, Civ. C. 1895; re-en. Sec. 5243, Rev. C. 1907; re-en. Sec. 7758, R.C.M. 1921; Cal. Civ. C. Sec. 1970; Based on Field Civ. C. Sec. 1006; re-en. Sec. 7758, R.C.M. 1935; Sec. 41-103, R.C.M. 1947; (3)En. Sec. 2662, Civ. C. 1895; re-en. Sec. 5244, Rev. C. 1907; re-en. Sec. 7759, R.C.M. 1921; Cal. Civ. C. Sec. 1971; Field Civ. C. Sec. 1007; re-en. Sec. 7759, R.C.M. 1935; Sec. 41-104, R.C.M. 1947; R.C.M. 1947, 41-102, 41-103, 41-104; amd. Sec. 1477, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 7. General Liability Arising From Employment Relationship › 39-2-702. Liability of employee for negligence

39-2-702. Liability of employee for negligence.
An employee who is guilty of a culpable degree of negligence is liable to the employer for the damage caused by the negligence to the employer, and the employer is liable to the employee for the value of the services only that are properly rendered if the service is not gratuitous.
History: En. Sec. 2685, Civ. C. 1895; re-en. Sec. 5268, Rev. C. 1907; re-en. Sec. 7783, R.C.M. 1921; Cal. Civ. C. Sec. 1990; Field Civ. C. Sec. 1023; re-en. Sec. 7783, R.C.M. 1935; R.C.M. 1947, 41-216; amd. Sec. 1478, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 7. General Liability Arising From Employment Relationship › 39-2-703. Repealed

39-2-703. Repealed.
Sec. 7, Ch. 117, L. 2021.
History: (1), (2)En. Secs. 1, 2, Ch. 1, L. 1905; re-en. Secs. 5251, 5252, Rev. C. 1907; re-en. Secs. 7766, 7767, R.C.M. 1921; re-en. Secs. 7766, 7767, R.C.M. 1935; Secs. 41-111, 41-112, R.C.M. 1947; (3), (4)En. Secs. 1, 3, Ch. 83, L. 1903; re-en. Secs. 5245, 5247, Rev. C. 1907; re-en. Secs. 7760, 7762, R.C.M. 1921; re-en. Secs. 7760, 7762, R.C.M. 1935; Secs. 41-105, 41-107, R.C.M. 1947; R.C.M 1947, 41-105, 41-107, 41-111, 41-112; amd. Sec. 5, Ch. 397, L. 1979; amd. Sec. 1479, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 7. General Liability Arising From Employment Relationship › 39-2-704. Repealed

39-2-704. Repealed.
Sec. 7, Ch. 117, L. 2021.
History: En. Secs. 1, 2, 3, Ch. 23, L. 1905; re-en. Secs. 5248, 5249, 5250, Rev. C. 1907; re-en. Secs. 7763, 7764, 7765, R.C.M. 1921; re-en. Secs. 7763, 7764, 7765, R.C.M. 1935; R.C.M. 1947, 41-108, 41-109, 41-110; amd. Sec. 6, Ch. 397, L. 1979; amd. Sec. 1480, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 7. General Liability Arising From Employment Relationship › 39-2-705. Contract discharging employer liability for negligence void

39-2-705. Contract discharging employer liability for negligence void.
Any contract or agreement entered into by any person, company, or corporation with its servants or employees whereby such person, company, or corporation shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company, or corporation, by reason of the negligence of such person, company, or corporation, or the agents or employees thereof, shall be absolutely null and void.
History: En. Sec. 2242, Civ. C. 1895; re-en. Sec. 5053, Rev. C. 1907; re-en. Sec. 7555, R.C.M. 1921; re-en. Sec. 7555, R.C.M. 1935; R.C.M. 1947, 13-803.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 7. General Liability Arising From Employment Relationship › 39-2-710. Legal protections in relation to employing individuals with criminal records

39-2-710. Legal protections in relation to employing individuals with criminal records.
A private employer who acts reasonably and complies in good faith with this section may not be held liable regarding claims of negligent hiring or negligent employment for acts committed by an employee with a criminal record if the acts are committed outside the scope of the employment and:
(1) the employer reviewed an arrest record prior to hiring that did not show a disposition of the case or that indicated an acquittal or a dismissal;
(2) the conviction was for:
(a) a misdemeanor offense; or
(b) an offense that was not related to the employment; or
(3) the employee with a criminal record is under the supervision of the probation and parole division of the department of corrections and the employment has been approved by the supervising officer.
History: En. Sec. 1, Ch. 319, L. 2017.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 8. Blacklisting and Protection of Discharged Employees › 39-2-801. Employee to be furnished on demand with reason for discharge

39-2-801. Employee to be furnished on demand with reason for discharge.
(1) It is the duty of any person after having discharged any employee from service, upon demand by the discharged employee, to furnish the discharged employee in writing a statement of reasons for the discharge. Except as provided in subsection (3), if the person refuses to do so within a reasonable time after the demand, it is unlawful for the person to furnish any statement of the reasons for the discharge to any person or in any way to blacklist or to prevent the discharged person from procuring employment elsewhere, subject to the penalties and damages prescribed in this part.
(2) A written demand under this part must advise the person who discharged the employee of the possibility that the statements may be used in litigation.
(3) A response to the demand may be modified at any time and may not limit a person's ability to present a full defense in any action brought by the discharged employee. Failure to provide a response as required under subsection (1) may not limit a person's ability to present a full defense in any action brought by the discharged employee.
History: En. Sec. 3, p. 258, L. 1891; amd. Sec. 3392, Pol. C. 1895; re-en. Sec. 1757, Rev. C. 1907; re-en. Sec. 3094, R.C.M. 1921; re-en. Sec. 3094, R.C.M. 1935; R.C.M. 1947, 41-1311; amd. Sec. 2, Ch. 573, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 8. Blacklisting and Protection of Discharged Employees › 39-2-802. Protection of discharged employees

39-2-802. Protection of discharged employees.
If a person, after having discharged an employee from service, prevents or attempts to prevent, by word or writing of any kind, the discharged employee from obtaining employment with any other person, the discharging person is punishable as provided in 39-2-804 and is liable in punitive damages to the discharged person, to be recovered by civil action. A person is not prohibited from informing by word or writing any person to whom the discharged person or employee has applied for employment a truthful statement of the reason for discharge.
History: En. Sec. 1, p. 257, L. 1891; amd. Sec. 3390, Pol. C. 1895; re-en. Sec. 1755, Rev. C. 1907; re-en. Sec. 3092, R.C.M. 1921; re-en. Sec. 3092, R.C.M. 1935; R.C.M. 1947, 41-1309; amd. Sec. 1481, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 8. Blacklisting and Protection of Discharged Employees › 39-2-803. Blacklisting prohibited

39-2-803. Blacklisting prohibited.
If a company or corporation in this state authorizes or allows any of its agents to blacklist or if a person does blacklist any discharged employee or attempts by word or writing or any other means to prevent any discharged employee or any employee who may have voluntarily left the company's service from obtaining employment with another person, except as provided for in 39-2-802, the company, corporation, or person is liable in punitive damages to the employee prevented from obtaining employment, to be recovered in a civil action, and is also punishable as provided in 39-2-804.
History: En. Sec. 2, p. 258, L. 1891; amd. Sec. 3391, Pol. C. 1895; re-en. Sec. 1756, Rev. C. 1907; re-en. Sec. 3093, R.C.M. 1921; re-en. Sec. 3093, R.C.M. 1935; R.C.M. 1947, 41-1310; amd. Sec. 7, Ch. 397, L. 1979; amd. Sec. 1482, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 8. Blacklisting and Protection of Discharged Employees › 39-2-804. Violation of part a misdemeanor

39-2-804. Violation of part a misdemeanor.
Every person who violates any of the provisions of this part relating to the protection of discharged employees and the prevention of blacklisting is guilty of a misdemeanor.
History: En. Sec. 656, Pen. C. 1895; re-en. Sec. 8467, Rev. C. 1907; re-en. Sec. 11219, R.C.M. 1921; re-en. Sec. 11219, R.C.M. 1935; Sec. 94-3555, R.C.M. 1947; redes. 41-1325 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 41-1325.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-902. Purpose

39-2-902. Purpose.
This part sets forth certain rights and remedies with respect to wrongful discharge. Except as provided in 39-2-912, this part provides the exclusive remedy for a wrongful discharge from employment.
History: En. Sec. 2, Ch. 641, L. 1987; amd. Sec. 1, Ch. 583, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-903. Definitions

39-2-903. Definitions.
In this part, the following definitions apply:
(1) "Constructive discharge" means the voluntary termination of employment by an employee because of a situation created by an act or omission of the employer which an objective, reasonable person would find so intolerable that voluntary termination is the only reasonable alternative. Constructive discharge does not mean voluntary termination because of an employer's refusal to promote the employee or improve wages, responsibilities, or other terms and conditions of employment.
(2) "Discharge" includes a constructive discharge as defined in subsection (1) and any other termination of employment, including resignation, elimination of the job, layoff for lack of work, failure to recall or rehire, and any other cutback in the number of employees for a legitimate business reason.
(3) "Employee" means a person who works for another for hire. The term does not include a person who is an independent contractor.
(4) "Fringe benefits" means the value of any employer-paid vacation leave, sick leave, medical insurance plan, disability insurance plan, life insurance plan, and pension benefit plan in force on the date of the termination.
(5) "Good cause" means any reasonable job-related grounds for an employee's dismissal based on:
(a) the employee's failure to satisfactorily perform job duties;
(b) the employee's disruption of the employer's operation;
(c) the employee's material or repeated violation of an express provision of the employer's written policies; or
(d) other legitimate business reasons determined by the employer while exercising the employer's reasonable business judgment. The legal use of a lawful product by an individual off the employer's premises during nonworking hours is not a legitimate business reason, unless the employer acts within the provisions of 39-2-313(3) or (4).
(6) "Leave of absence" means an employee's absence from work for a period of more than 5 consecutive working days for any reason other than holidays and vacations.
(7) "Lost wages" means the gross amount of wages that would have been reported to the internal revenue service as gross income on form W-2 and includes additional compensation deferred at the option of the employee.
(8) "Public policy" means a policy in effect at the time of the discharge concerning the public health, safety, or welfare established by constitutional provision, statute, or administrative rule.
History: En. Sec. 3, Ch. 641, L. 1987; amd. Sec. 3, Ch. 193, L. 1993; amd. Sec. 2, Ch. 117, L. 2021.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-904. Elements of wrongful discharge

39-2-904. Elements of wrongful discharge.
(1) A discharge is wrongful only if:
(a) it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy;
(b) the discharge was not for good cause and the employee had completed the employer's probationary period of employment;
(c) the employer materially violated an express provision of its own written personnel policy prior to the discharge, and the violation deprived the employee of a fair and reasonable opportunity to remain in a position of employment with the employer; or
(d) the employer terminated the employee solely based on the employee's legal expression of free speech, including but not limited to statements made on social media.
(2) During a probationary period of employment, the employment may be terminated at the will of either the employer or the employee on notice to the other for any reason or for no reason.
(3) The employer has the broadest discretion when making a decision to discharge any managerial or supervisory employee.
History: En. Sec. 4, Ch. 641, L. 1987; amd. Sec. 2, Ch. 583, L. 2001; amd. Sec. 3, Ch. 117, L. 2021; amd. Sec. 2, Ch. 361, L. 2023.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-905. Remedies

39-2-905. Remedies.
(1) If an employer has committed a wrongful discharge, the employee may be awarded lost wages and fringe benefits for a period not to exceed 4 years from the date of discharge, together with interest on the lost wages and fringe benefits. The employee's interim earnings, derived from any new kind, nature, or type of work, hire, contractor status, or employment that did not exist at the time of discharge, including amounts the employee could have earned with reasonable diligence from the work, hire, contractor status, or employment, must be deducted from the amount awarded for lost wages. Before interim earnings are deducted from lost wages, there must be deducted from the interim earnings any reasonable amounts expended by the employee in searching for, obtaining, or relocating to new employment.
(2) Following any verdict or award in favor of the discharged employee, the district court shall consider any monetary payments, compensation, or benefits the employee received arising from or related to the discharge, including unemployment compensation or benefits and early retirement pay, and shall deduct those payments, compensation, and benefits from the amount awarded for lost wages before entering judgment.
(3) The employee may recover punitive damages otherwise allowed by law if it is established by clear and convincing evidence that the employer engaged in actual fraud or actual malice in the discharge of the employee in violation of 39-2-904(1)(a).
(4) There is no right under any legal theory to damages for wrongful discharge under this part for pain and suffering, emotional distress, compensatory damages, punitive damages, or any other form of damages, except as provided for in subsections (1) and (2).
History: En. Sec. 5, Ch. 641, L. 1987; amd. Sec. 1, Ch. 442, L. 1993; amd. Sec. 3, Ch. 583, L. 2001; amd. Sec. 4, Ch. 117, L. 2021.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-910. Probationary period

39-2-910. Probationary period.
(1) If an employer does not establish a specific probationary period or provide that there is no probationary period prior to or at the time the employee begins work, there is a probationary period of 12 months commencing on the date the employee begins work.
(2) An employer may extend a probationary period prior to the expiration of a probationary period, but the original probationary period together with any periods of extension may not exceed 18 months.
(3) If an employee has one or more leaves of absence during the original probationary period or any extension of the probationary period, the time of each leave of absence may not be a part of the probationary period unless the employer affirmatively elects to include each leave of absence as part of the probationary period.
History: En. Sec. 1, Ch. 117, L. 2021.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-911. Limitation of actions

39-2-911. Limitation of actions.
(1) An action under this part must be filed within 1 year after the date of discharge.
(2) If an employer maintains written internal procedures, other than those specified in 39-2-912, under which an employee may appeal a discharge within the organizational structure of the employer, the employee shall first exhaust those procedures prior to filing an action under this part. The employee's failure to initiate or exhaust available internal procedures is a defense to an action brought under this part. If the employer's internal procedures are not completed within 90 days from the date the employee initiates the internal procedures, the employee may file an action under this part and for purposes of this subsection the employer's internal procedures are considered exhausted. The limitation period in subsection (1) is tolled until the procedures are exhausted. In no case may the provisions of the employer's internal procedures extend the limitation period in subsection (1) more than 120 days.
(3) If the employer maintains written internal procedures under which an employee may appeal a discharge within the organizational structure of the employer, the employer shall within 14 days of the date of the discharge notify the discharged employee in writing or electronically of the existence of the internal procedures. The timeframe for the employee to initiate the procedures, if any, begins to run from the date the employer sends or provides a copy of the internal procedures in writing or electronically. A copy of the procedures must be considered provided to the employee if the employer sends a copy of the procedures to the employee's last-known postal mailing address or electronic mailing address or the employee's attorney. If the employer fails to comply with this subsection, the discharged employee need not comply with subsection (2).
(4) If a plaintiff commences a civil action for wrongful discharge under this part, the plaintiff shall make service of process no later than 6 months after filing the complaint. If the plaintiff fails to make service of process within the 6-month period, the court, on motion or on its own initiative, shall dismiss the action without prejudice as to a defendant unless that defendant has made an appearance in the civil action. If the plaintiff fails to make service of process within the 6-month period, the remaining 1-year period of limitations for a civil action under this part resumes regardless of whether the civil action is dismissed.
History: En. Sec. 6, Ch. 641, L. 1987; amd. Sec. 5, Ch. 117, L. 2021.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-912. Exemptions

39-2-912. Exemptions.
(1) This part does not apply to a discharge:
(a) that is subject to any other state or federal statute that provides a procedure or remedy for contesting the dispute. The statutes include those that prohibit discharge for filing complaints, charges, or claims with administrative bodies or that prohibit unlawful discrimination based on race, national origin, sex, as defined in 1-1-201, age, disability, creed, religion, political belief, color, marital status, and other similar grounds.
(b) of an employee covered by a written collective bargaining agreement or a written contract of employment for a specific term.
(2) For the purposes of this section, a contract for a specific term may contain a probationary period as provided for in 39-2-910 and may contain an automatic renewal clause that automatically renews the contract of employment for one or more successive terms.
History: En. Sec. 7, Ch. 641, L. 1987; amd. Sec. 30, Ch. 472, L. 1997; amd. Sec. 6, Ch. 117, L. 2021; amd. Sec. 15, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-913. Preemption of common-law remedies

39-2-913. Preemption of common-law remedies.
Except as provided in this part, no claim for discharge may arise from tort or express or implied contract.
History: En. Sec. 8, Ch. 641, L. 1987.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-914. Arbitration

39-2-914. Arbitration.
(1) A party may make a written offer to arbitrate a dispute that otherwise could be adjudicated under this part.
(2) An offer to arbitrate must be in writing and contain the following provisions:
(a) A neutral arbitrator must be selected by mutual agreement or, in the absence of agreement, as provided in 27-5-211.
(b) The arbitration must be governed by the Uniform Arbitration Act, Title 27, chapter 5. If there is a conflict between the Uniform Arbitration Act and this part, this part applies.
(c) The arbitrator is bound by this part.
(3) If a complaint is filed under this part, the offer to arbitrate must be made within 60 days after service of the complaint and must be accepted in writing within 30 days after the date the offer is made.
(4) A discharged employee who makes a valid offer to arbitrate that is accepted by the employer and who prevails in such arbitration is entitled to have the arbitrator's fee and all costs of arbitration paid by the employer.
(5) If a valid offer to arbitrate is made and accepted, arbitration is the exclusive remedy for the wrongful discharge dispute and there is no right to bring or continue a lawsuit under this part. The arbitrator's award is final and binding, subject to review of the arbitrator's decision under the provisions of the Uniform Arbitration Act.
History: En. Sec. 9, Ch. 641, L. 1987; amd. Sec. 2, Ch. 442, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 9. Wrongful Discharge From Employment › 39-2-915. Effect of rejection of offer to arbitrate

39-2-915. Effect of rejection of offer to arbitrate.
A party who makes a valid offer to arbitrate that is not accepted by the other party and who prevails in an action under this part is entitled as an element of costs to reasonable attorney fees incurred subsequent to the date of the offer.
History: En. Sec. 3, Ch. 442, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 10. Closure of or Layoff at Governmental Facility › 39-2-1001. Purpose

39-2-1001. Purpose.
The purpose of this part is to require the state of Montana to provide adequate notification when it plans the closure or retrenchment of a facility in a local area.
History: En. Sec. 1, Ch. 757, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 10. Closure of or Layoff at Governmental Facility › 39-2-1002. Definitions

39-2-1002. Definitions.
As used in this part, the following definitions apply:
(1) "Closure" means the permanent shutting down of operations at a workplace.
(2) "Department" means the department of labor and industry.
(3) "Employer" means the state of Montana.
(4) "Governmental facility" means any institution, department, agency, bureau, or office operated by the state of Montana and employing more than 25 persons.
(5) "Retrenchment" means reducing the number of employees at the governmental facility by at least 250 employees over any 2-year period, provided that a reduction in the number of employees by attrition is not retrenchment.
History: En. Sec. 2, Ch. 757, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 10. Closure of or Layoff at Governmental Facility › 39-2-1003. Requirements for closure or retrenchment

39-2-1003. Requirements for closure or retrenchment.
Upon making a decision to close or retrench, an employer shall:
(1) immediately notify the employees, the affected employee organizations, the affected local governments, and a newspaper of general circulation in the county where the governmental facility subject to closure or retrenchment is located; and
(2) within 90 days, provide the employees, the affected employee organizations, and the affected local governments with a written impact statement that includes information concerning:
(a) the number of employees affected;
(b) the amount of the affected employees' payroll;
(c) the potential tax losses to local governments and school districts;
(d) the effect on other businesses; and
(e) the reasons for the closure or retrenchment.
History: En. Sec. 3, Ch. 757, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 10. Closure of or Layoff at Governmental Facility › 39-2-1004. Adoption of rules

39-2-1004. Adoption of rules.
The department shall adopt rules to provide procedures for an employer to meet the obligations under 39-2-1003.
History: En. Sec. 4, Ch. 757, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 15. Microchip Implantation › 39-2-1501. Definitions

39-2-1501. Definitions.
As used in this part, the following definitions apply:
(1) "Employee" means a person who works for another for hire and includes independent contractors.
(2) "Employer" means a person or entity that has one or more employees or independent contractors.
(3) "Local government" means a county, consolidated city-county, city, town, township, school district, or other district or local public entity with the authority to spend or receive public funds.
(4) "Microchip" means technology that:
(a) is designed to be surgically implanted in the body of an individual; and
(b) contains a unique identification number and personal information that can be noninvasively retrieved or transmitted with an external scanning device.
(5) "State agency" means a department, board, commission, office, bureau, or other public authority of state government.
History: En. Sec. 1, Ch. 324, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 15. Microchip Implantation › 39-2-1502. Employer requirement of microchip implantation prohibited -- use with consent authorized

39-2-1502. Employer requirement of microchip implantation prohibited -- use with consent authorized.
(1) An employer is prohibited from requiring an employee to have a microchip implanted in the employee's body as a condition of employment.
(2) A microchip may be implanted in an employee's body at the request of an employer if the employee provides the employer with written consent.
(3) (a) An employee may request the removal of the microchip at any time.
(b) If an employee requests the removal of the microchip, the microchip must be removed within 30 days of the employee's request.
(4) If an employee receives a microchip at the request of an employer, the employer is required to:
(a) pay all the costs associated with implanting and removing the microchip;
(b) pay all the medical costs incurred by the employee as a result of any bodily injury to the employee caused by the implantation of the microchip or the presence of the microchip in the employee's body; and
(c) disclose to the employee:
(i) the data that may be maintained on the microchip; and
(ii) how the data that is maintained on the microchip will be used by the employer.
(5) (a) If an employee is terminated from employment for any reason, including voluntarily, the microchip must be removed from the employee's body within 30 days of the employee's termination.
(b) Once the employee terminates from the job that caused the microchip to be implanted, all data transmission from the microchip to the employer must be ceased.
(c) An employee may elect to retain an implanted microchip after the termination of the employee's employment.
(d) If an employee elects to retain an implanted microchip after termination of employment, the employee assumes responsibility for all costs associated with the microchip, and subsection (4) does not apply.
(6) This section does not prohibit an employer from using alternative noninvasive technology that is intended to track the movement of an employee.
History: En. Sec. 2, Ch. 324, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 15. Microchip Implantation › 39-2-1503. Government requirement of microchip prohibited

39-2-1503. Government requirement of microchip prohibited.
A state agency or local government may not require a person to have a microchip implanted.
History: En. Sec. 3, Ch. 324, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 1. General Provisions › 39-3-101. Employer to furnish itemized statement of deductions

39-3-101. Employer to furnish itemized statement of deductions.
(1) All employers in this state when making payment to employees for salaries or wages shall, upon making such payment, give to the employee an itemized statement setting forth moneys deducted because of state and federal income taxes, social security, or any other deductions together with the amount of each deduction.
(2) Where no deduction is made in such payment of wages or salaries, the employer shall give to the employee a statement that the payment does not include any such deductions.
History: En. Sec. 1, Ch. 159, L. 1957; R.C.M. 1947, 41-117.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 1. General Provisions › 39-3-102. Compensation of employee dismissed for cause

39-3-102. Compensation of employee dismissed for cause.
An employee dismissed by the employer for good cause is not entitled to any compensation for services rendered since the last day upon which a payment became due to the employee under the contract.
History: En. Sec. 2706, Civ. C. 1895; re-en. Sec. 5277, Rev. C. 1907; re-en. Sec. 7792, R.C.M. 1921; Cal. Civ. C. Sec. 2002; Field Civ. C. Sec. 1032; re-en. Sec. 7792, R.C.M. 1935; R.C.M. 1947, 41-307; amd. Sec. 1483, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 1. General Provisions › 39-3-103. Compensation of employee leaving for cause

39-3-103. Compensation of employee leaving for cause.
An employee who quits the service of an employer for good cause is entitled to the proportion of the compensation that would become due in case of full performance as the services that the employee has already rendered bear to the services that the employee was to render as full performance.
History: En. Sec. 2707, Civ. C. 1895; re-en. Sec. 5278, Rev. C. 1907; re-en. Sec. 7793, R.C.M. 1921; Cal. Civ. C. Sec. 2003; Field Civ. C. Sec. 1033; re-en. Sec. 7793, R.C.M. 1935; R.C.M. 1947, 41-308; amd. Sec. 1484, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 1. General Provisions › 39-3-104. Equal pay for women for equivalent service

39-3-104. Equal pay for women for equivalent service.
(1) It is unlawful for the state or any county, municipal entity, school district, public or private corporation, person, or firm to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment of any kind or description.
(2) If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates any of the provisions of subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense.
History: En. Secs. 1, 2, Ch. 147, L. 1919; re-en. Secs. 3090, 3091, R.C.M. 1921; re-en. Secs. 3090, 3091, R.C.M. 1935; R.C.M. 1947, 41-1307, 41-1308; amd. Sec. 8, Ch. 397, L. 1979.