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Employment Termination in Montana

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Termination process

Montana is the only US state that is not “at will”. This means that, once the employee has completed their probationary period, they can not be terminated without good cause.

Remote’s legal experts can help you navigate terminations to ensure employees are only let go fairly, negating any potential legal complications.

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Notice period

Employers and employees are not required to provide notice of termination, unless otherwise stated in the employment contract.

Despite this, it's usually customary for employees to provide two weeks' notice when leaving an organization.

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Severance pay

Employers are not legally required to provide severance pay (unless it is stipulated in the employee's contract or in the company policy).

Employers are also not required to pay any accrued but unused vacation time or sick leave, unless stipulated in the employment agreement.

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Probation period

Employers are entitled to stipulate the length of the employee’s probation period in the employment agreement (this period cannot be longer than 18 months, including extensions and leaves of absence).

If the length is not specified, employees undergo an automatic probation period of 12 months. During this time, the employee can be terminated at will.