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Total Articles: 3

The Montana Supreme Court Issues A Favorable Opinion For Employers Of Seasonal Employees in “For Good Cause” State

Montana is well-known in the employment world for deviating from the employment at-will doctrine. In Montana, employees are protected under the Wrongful Discharge from Employment Act (WDEA), which provides that an employee’s discharge from employment is wrongful if the discharge is not for good cause.1 One exception to the WDEA is that during an employee’s probationary period of employment, the employee’s employment may be terminated for any reason or no reason.2 While an employer can establish its own specific probationary period, if it does not, there is a six-month probationary period under the WDEA.3

Montana’s Revised Medical Marijuana Law Survives Constitutional Challenge

The Montana Supreme Court has upheld against a state constitutional challenge the State’s 2011 Montana Marijuana Act, a new statutory framework embodying the State’s effort to limit abuses resulting from the 2004 Medical Marijuana Act, which was established by voter initiation. Montana Cannabis Industry Ass’n v. The State of Montana, 2016 Mont. LEXIS 168 (Feb. 25, 2016). The decision could benefit employers by limiting the availability of marijuana among persons not authorized to use it for medical purposes.

Non-Compete Alert: Montana Supreme Court Weighs in on Enforcing Non-Competes Against Terminated Employees

Courts continue to wrestle with the issue of whether a company has a legitimate business interest in enforcing a post-employment non-compete when it fires an employee without cause. Last September this Blog discussed Missett v. Hub International Pennsylvania, LLC, in which the Pennsylvania Superior Court explained that “the circumstances of termination are, alone, not determinative of whether the restrictive covenant is enforceable...."