Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 2. THE EMPLOYMENT RELATIONSHIP · Part 8. Blacklisting and Protection of Discharged Employees
Montana Code Annotated

Mont. Code Ann. § 39-2-802 (2026)

Protection Of Discharged Employees

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 2
  4. Part 8
  5. 39-2-802 Protection of discharged employees

TITLE 39. LABOR

CHAPTER 2. THE EMPLOYMENT RELATIONSHIP

Part 8. Blacklisting and Protection of Discharged Employees

Protection Of Discharged Employees

39-2-802. Protection of discharged employees. If a person, after having discharged an employee from service, prevents or attempts to prevent, by word or writing of any kind, the discharged employee from obtaining employment with any other person, the discharging person is punishable as provided in 39-2-804 and is liable in punitive damages to the discharged person, to be recovered by civil action. A person is not prohibited from informing by word or writing any person to whom the discharged person or employee has applied for employment a truthful statement of the reason for discharge.

History: En. Sec. 1, p. 257, L. 1891; amd. Sec. 3390, Pol. C. 1895; re-en. Sec. 1755, Rev. C. 1907; re-en. Sec. 3092, R.C.M. 1921; re-en. Sec. 3092, R.C.M. 1935; R.C.M. 1947, 41-1309; amd. Sec. 1481, Ch. 56, L. 2009.

Notes of Decisions
Cited in 4 cases, 1995–2013 · leading case: Vettel-Becker v. Deaconess Med. Ctr. of Billings, Inc., 2008 MT 51 (Mont. 2008).
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Vettel-Becker v. Deaconess Med. Ctr. of Billings, Inc., 2008 MT 51 (Mont. 2008). · cites it 2× “Later, after the Department of Labor dismissed his discrimination charge, he added a claim in his District Court case for employment discrimination under the Montana Human Right Act (MHRA), Title 49, Chapter 2, MCA, and for blacklisting under § 39-2-802, MCA. The District Court…”
Loparex, LLC v. MPI Release Tech., LLC, 964 N.E.2d 806 (Ind. 2012). “This same privilege, permitting a past employer to provide truthful information concerning the employee's discharge, is found in many other state statutes, including ours.”
Wolf v. Williamson, 889 P.2d 1177 (Mont. 1995). · cites it 2× “On June 1,1994, appellant filed a second motion to amend his complaint, seeking to add a claim under Montana’s blacklisting statute, § 39-2-802, MCA. On June 8, 1994, the District Court issued its order granting summary judgment in favor of respondents.”
Ivins v. Corr. Corp., 291 F.R.D. 517 (D. Mont. 2013). “Alleging a defamation/blacklisting claim under MCA §§ 39-2-802 and 803, Ivins states, on information and belief, that false and harmful information concerning his performance at Crossroads was disseminated to the public and within the corrections community.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.