Montana Employment Law

Montana is the ONLY state that is not at-will employment. The Wrongful Discharge from Employment Act requires good cause for termination after probationary period. Human Rights Act covers 1+ employees.

At-Will

No

Right-to-Work

No

EEOC Deferral

300 days

Min. Wage

$10.85

Montana State Laws (2)

MT HRA

Mont. Code Ann. §§ 49-2-101 to 49-2-601

180 days
1+ employees

The Montana Human Rights Act prohibits employment discrimination based on race, creed, religion, color, national origin, age, physical or mental disability, sex, marital status, and political beliefs. Montana is the ONLY state that is not an at-will employment state, thanks to the Wrongful Discharge from Employment Act. The Human Rights Act covers all employers with one or more employees and complaints must be filed within 180 days with the Montana Human Rights Bureau.

Protected Classes

racecreedreligioncolornational originagephysical or mental disabilitysexmarital statuspolitical beliefs

Key Provisions

  • ✓Covers all employers with 1 or more employees for discrimination claims
  • ✓Montana is the only state where at-will employment is not the default — the Wrongful Discharge from Employment Act requires good cause for termination after a probationary period
  • ✓Prohibits discrimination based on political beliefs, which is unique among state civil rights laws

Remedies

Back payFront payCompensatory damages (emotional distress)Attorney fees and costsInjunctive reliefReinstatement
File with: Montana Human Rights Bureau180 days from the discriminatory act

MT WDEA

Mont. Code Ann. §§ 39-2-901 to 39-2-915

365 days
1+ employees

The Montana Wrongful Discharge from Employment Act makes Montana the only state in the nation that is not an at-will employment state. After a probationary period (typically 6 months), employers must have "good cause" to terminate an employee. The Act provides a statutory cause of action for employees who are discharged without good cause or in retaliation for refusing to violate public policy. It replaces common law wrongful discharge claims and establishes a comprehensive framework for wrongful termination litigation.

Key Provisions

  • ✓Requires "good cause" for termination after probationary period — the only such law in the United States
  • ✓Defines three grounds for wrongful discharge: no good cause, retaliation for refusal to violate public policy, and violation of express provisions of employer personnel policy
  • ✓Caps lost wage recovery at 4 years and limits punitive damages to cases of actual fraud or malice — a trade-off for eliminating at-will employment

Remedies

Lost wages and fringe benefits for up to 4 years from date of dischargePunitive damages (if employer engaged in actual fraud or malice)Interim earnings offset against lost wages
File with: Private lawsuit (state court)1 year from the date of discharge

Federal Laws That Apply in Montana

These federal statutes protect workers nationwide, including in Montana. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in Montana

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.Montana laws are subject to legislative changes. Consult a qualified employment attorney in Montana for advice about your specific situation. Last reviewed: February 2025.