39-2-901. Short title. This part may be cited as the "Wrongful Discharge From Employment Act".
Montana Code Annotated
Mont. Code Ann. § 39-2-901 (2026)
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✓ current as of May 2026
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TITLE 39. LABOR
CHAPTER 2. THE EMPLOYMENT RELATIONSHIP
Part 9. Wrongful Discharge From Employment
Short Title
History: En. Sec. 1, Ch. 641, L. 1987.
Notes of Decisions
Cited in 84
cases (5 in the last 5 years), 1989–2024 · leading case: Buck v. Billings Montana Chevrolet, Inc., 811 P.2d 537 (Mont. 1991).
Buck v. Billings Montana Chevrolet, Inc., 811 P.2d 537 (Mont. 1991). “The District Court of the Thirteenth Judicial District, Yellowstone County, held that the reasons asserted by defendants for Buck's discharge constituted a legitimate business reason under the Wrongful Discharge from Employment Act, Sections 39-2-901 et seq., MCA. It therefore…”
Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989). “The questions are as follows: (1) Is the Montana Wrongful Discharge From Employment Act, §§ 39-2-901 to 39-2-914, MCA, unconstitutional in that it serves to wrongfully deprive an individual falling within the purview of the Act from his or her right to "full legal redress"…”
Farris v. Hutchinson, 838 P.2d 374 (Mont. 1992). “Section 39-2-901, MCA, et seq., contains Montana's Wrongful Discharge From Employment Act.”
Story v. City of Bozeman, 791 P.2d 767 (Mont. 1990). “See Wrongful Discharge from Employment Act, §§ 39-2-901 through -914, MCA; Unfair Trade Practices Act (Insurance) §§ 33-18-101 through -1005, MCA.”
Galbreath v. Golden Sunlight Mines, Inc., 890 P.2d 382 (Mont. 1995). “On May 23, 1990, appellant filed a complaint alleging: (1) that he had been terminated without good cause under Montana's Wrongful Discharge from Employment Act, § 39-2-901, MCA; (2) that his termination violated § 39-71-317, MCA, which prohibits employers from terminating…”
Minnie v. City of Roundup, 849 P.2d 212 (Mont. 1993). “The Minnies’ complaint alleged that Roundup and the other thirteen named defendants were liable for Joan Minnie’s wrongful termination under § 39-2-901, MCA, et. seq. Additionally, the complaint alleged: breach of the covenant of good faith and fair dealing; negligent infliction…”
Bellanger v. Am. Music Co., 2004 MT 392 (Mont. 2004). “Kelman contended that: 1) the facts alleged could not constitute constructive discharge as a matter of law; 2) Bellanger's claim against him was pre-empted by the Montana Wrongful Discharge from Employment Act (WDEA), § 39-2-901, MCA, et seq.; and that 3) since Kelman was an…”
Boreen v. Christensen, 884 P.2d 761 (Mont. 1994). “Hollister brought a civil rights action in federal district court alleging that she had been deprived of a property right, her public employment, without due process, as well as other claims including a breach of the covenant of good faith and fair dealing and wrongful discharge…”
Tvedt v. Farmers Ins. Grp. of Companies, 2004 MT 125 (Mont. 2004). “" Claiming employee status, Tvedt sought relief under Montana's Wrongful Discharge from Employment Act (WDEA), set forth in § 39-2-901, et seq., MCA. ¶ 15 On February 13, 2002, Farmers moved for summary judgment.”
Clark v. Eagle Sys., Inc., 927 P.2d 995 (Mont. 1996). “I dissent from the majority's conclusion that Thomas Clark was not terminated from employment, and therefore, had no claim pursuant to Montana's Wrongful Discharge From Employment Act (WDEA) found at §§ 39-2-901 to -915, MCA. Clark was permanently terminated from his position as…”
Johnson v. Costco Wholesale, 2007 MT 43 (Mont. 2007). “¶12 Johnson filed an action under the Wrongful Discharge From Employment Act, §§ 39-2-901 -915, MCA. Costco denied all of Johnson’s allegations and a jury trial was held on September 20 and 21,2004.”
Med. Horse v. Trs., Big Horn Cnty. Sch. Dist. No. 27, 823 P.2d 230 (Mont. 1991). “Because the employee in this case was led to believe that after a year of probationary employment he had achieved "permanent" status, I would conclude that his interest in his employment became a "property" interest for due process purposes based upon the "mutually explicit…”
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