wrongful termination + montana

[soccermom]

I have a question regarding wrongful termination. I live in Montana, but my company's headquarters are based in another state. Does "at will" apply or not?


tia

 

[cbg]

Most probably not, since you are entitled to be treated by the law of your own state. However, keep in mind that Montana DOES recognize the concept of at-will IF you are in the probationary period set by your employer, or, if there is no such company period set, the first six months of employment.

Do you want to provide us with some details? You don't have to, it's up to you, but we can assist you better if we know what's going on.

 

[soccermom]

I am not in my probationary period, not even close.

My employer, it looks like, could be downsizing. There are problems with co-workers with seniority over me, ie. extremely rude, confrontational behavior, sleeping on the job, surfing the net, etc.
However, one of them is buddies with my boss. I am worried that she will stay and I will be the one to go. I am a very hard worker, take on extra work, all that. This other person barely does her own job.

I realize I am probably being paranoid, but I have a family to think about.


tia

 

[cbg]

If the employer is legitimately downsizing, that's legal . (BTW, that's not using the at-will doctrine either - that's downsizing.) No law requires what criteria the employer an employer use to determine who goes and who stays in a layoff or downsizing situation, as long as they do not make decisions based on race, gender, national origin etc.

Sorry, but even in Montana (according to my understanding of the law) what you describe would be legal.

Feel free to talk to a Montana lawyer; I've read the Montana statute but I've never had employees in that state.