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Separation From Employment: Montana

Separation From Employment requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Brightmine Editorial Team and Author: Jason Ritchie, William Dabney, Holland & Hart LLP


  • A disciplinary discharge must occur consistent with the Montana Wrongful Discharge From Employment Act requiring good cause. See Termination for Cause.
  • Montana has procedures in place regarding service letters and blacklisting prohibitions. See Service Letters and References.
  • When an employee leaves their job, Montana employers must pay all unpaid wages within a certain time from the date of separation. Accrued vacation and earned commissions must also be paid in accordance with any agreement. See Final Paycheck.
  • Montana law generally disfavors restrictive covenants or noncompete agreements for outgoing employees, though some limited types of these agreements may be allowed See Noncompete Agreements.
  • Employers should take precautions to ensure that resigning employees are not doing so under circumstances that could lead to constructive discharge claims. See Constructive Discharge.