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 (4)
MT HRA
Mont. Code Ann. §§ 49-2-101 to 49-2-601
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
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
MT WDEA
Mont. Code Ann. §§ 39-2-901 to 39-2-915
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
MT Minimum Wage and
Mont. Code Ann. §§ 39-3-401 to 39-3-409
Sets state minimum wage indexed to CPI ($10.30/hour as of 2024). Overtime at 1.5x for hours over 40/week. Anti-retaliation provision.
Protected Classes
Key Provisions
- ✓Sets state minimum wage indexed to CPI ($10.30/hour as of 2024). Overtime at 1.5x for hours over 40/week. Anti-retaliation provision.
Remedies
MT Wage Protection
Mont. Code Ann. §§ 39-3-201 to 39-3-216
Requires payment of wages on regular paydays. Final wages on involuntary discharge due immediately or by next regular payday (employer's choice). Voluntary quit: by next regular payday. Penalty wages for late payment.
Protected Classes
Key Provisions
- ✓Requires payment of wages on regular paydays. Final wages on involuntary discharge due immediately or by next regular payday (employer's choice). Voluntary quit: by next regular payday. Penalty wages for late payment.
Remedies
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.
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 RightsThis 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: March 2026.