Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 2. THE EMPLOYMENT RELATIONSHIP · Part 9. Wrongful Discharge From Employment
Montana Code Annotated

Mont. Code Ann. § 39-2-904 (2026)

Elements Of Wrongful Discharge

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 2
  4. Part 9
  5. 39-2-904 Elements of wrongful discharge

TITLE 39. LABOR

CHAPTER 2. THE EMPLOYMENT RELATIONSHIP

Part 9. Wrongful Discharge From Employment

Elements Of Wrongful Discharge

39-2-904. Elements of wrongful discharge. (1) A discharge is wrongful only if:

(a) it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy;

(b) the discharge was not for good cause and the employee had completed the employer's probationary period of employment;

(c) the employer materially violated an express provision of its own written personnel policy prior to the discharge, and the violation deprived the employee of a fair and reasonable opportunity to remain in a position of employment with the employer; or

(d) the employer terminated the employee solely based on the employee's legal expression of free speech, including but not limited to statements made on social media.

(2) During a probationary period of employment, the employment may be terminated at the will of either the employer or the employee on notice to the other for any reason or for no reason.

(3) The employer has the broadest discretion when making a decision to discharge any managerial or supervisory employee.

History: En. Sec. 4, Ch. 641, L. 1987; amd. Sec. 2, Ch. 583, L. 2001; amd. Sec. 3, Ch. 117, L. 2021; amd. Sec. 2, Ch. 361, L. 2023.

Notes of Decisions
Cited in 110 cases (25 in the last 5 years), 1989–2026 · leading case: Ritchie v. Town of Ennis Ex Rel. Hernandez, 2004 MT 43 (Mont. 2004).
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Ritchie v. Town of Ennis Ex Rel. Hernandez, 2004 MT 43 (Mont. 2004). · cites it 82× “¶ 6 Ritchie brought a wrongful discharge from employment claim against the Town and the Mayor under § 39-2-904, MCA (1999). He asserted that he was terminated for refusing to violate public policy when he was told to stop writing tickets, but he nevertheless wrote various…”
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). · cites it 30× “Section 39-2-904(1), MCA. Moe contends that her discharge was wrongful under all three grounds set forth in § 39-2-904(1), MCA.”
Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989). · cites it 22× “Section 39-2-904, MCA. Three causes of action for "wrongful" discharge exist under the Act: discharge in retaliation for an employee's refusal to violate public policy or for reporting a violation of public policy, discharge in violation of the express provisions of the…”
Johnson v. Costco Wholesale, 2007 MT 43 (Mont. 2007). · cites it 15× “Section 39-2-904, MCA. The WDEA further defines “good cause” as “reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer’s operation, or other legitimate business reason.”
Buck v. Billings Montana Chevrolet, Inc., 811 P.2d 537 (Mont. 1991). · cites it 24× “Section 39-2-904(1) states: A discharge is wrongful only if .”
McConkey v. Flathead Elec. Coop., 2005 MT 334 (Mont. 2005). · cites it 16× “Section 39-2-904(1)(b), MCA. Good cause includes a legitimate business reason, which we have defined as "a reason that is neither false, whimsical, arbitrary or capricious, and it must have some logical relationship to the needs of the business.”
Blehm v. St. John's Lutheran Hosp., Inc., 2010 MT 258 (Mont. 2010). · cites it 40× “However, Td]uring a probationary period of employment, the employment may be terminated at the will of either the employer or the employee on notice to the other for any reason or for no reason.” An employer may establish the relevant probationary period, but if not “there is a…”
Fenno v. Mountain West Bank, 2008 MT 267 (Mont. 2008). · cites it 20× “” Section 39-2-904(1)(a), MCA. Thus, the District Court interpreted the federal statutes as affording Mountain West great latitude to fire its officers similar to the latitude afforded by the court in Mackey.”
Motarie v. N. Montana Jt. Refuse Disposal Dist., 907 P.2d 154 (Mont. 1995). · cites it 10× “Section 39-2-904, MCA. These elements are set forth in the statute: 39-2-904.”
Arnold v. Yellowstone Mountain Club, LLC, 2004 MT 284 (Mont. 2004). · cites it 10× “¶10 On May 13, 2003, Arnold filed a complaint with the Eighteenth Judicial District Court, Gallatin County, claiming YMC wrongfully discharged her without good cause under § 39-2-904, MCA, which induced her to suffer a loss of wages, a loss of fringe benefits, and a loss of work…”
Whidden v. John S. Nerison, Inc., 1999 MT 110 (Mont. 1999). · cites it 27× “Section 39-2-904, MCA, sets forth the elements of wrongful discharge: Elements of wrongful discharge.”
Clark v. Eagle Sys., Inc., 927 P.2d 995 (Mont. 1996). · cites it 10× “*999 Section 39-2-904, MCA, requires that there must be a termination of employment before the Act applies.”
Show all 110 citing cases →
— Mont. Code Ann. § 39-2-904(1) — 18 cases
Motarie v. N. Montana Jt. Refuse Disposal Dist., 907 P.2d 154 (Mont. 1995). “Section 39-2-904, MCA. These elements are set forth in the statute: 39-2-904.”
Ritchie v. Town of Ennis Ex Rel. Hernandez, 2004 MT 43 (Mont. 2004). “¶ 6 Ritchie brought a wrongful discharge from employment claim against the Town and the Mayor under § 39-2-904, MCA (1999). He asserted that he was terminated for refusing to violate public policy when he was told to stop writing tickets, but he nevertheless wrote various…”
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). “Section 39-2-904(1), MCA. Moe contends that her discharge was wrongful under all three grounds set forth in § 39-2-904(1), MCA.”
Bird v. Cascade Cnty., 2016 MT 345 (Mont. 2016).
Williams v. Plum Creek Timber Co., Inc., 2011 MT 271 (Mont. 2011).
— Mont. Code Ann. § 39-2-904(1)(a) — 5 cases
Fenno v. Mountain West Bank, 2008 MT 267 (Mont. 2008). “” Section 39-2-904(1)(a), MCA. Thus, the District Court interpreted the federal statutes as affording Mountain West great latitude to fire its officers similar to the latitude afforded by the court in Mackey.”
Ritchie v. Town of Ennis Ex Rel. Hernandez, 2004 MT 43 (Mont. 2004). “¶ 6 Ritchie brought a wrongful discharge from employment claim against the Town and the Mayor under § 39-2-904, MCA (1999). He asserted that he was terminated for refusing to violate public policy when he was told to stop writing tickets, but he nevertheless wrote various…”
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). “Section 39-2-904(1), MCA. Moe contends that her discharge was wrongful under all three grounds set forth in § 39-2-904(1), MCA.”
Dundas v. Winter Sports, Inc., 2017 MT 269 (Mont. 2017).
Rhoten v. Rocking J. Ranch LLC (D. Mont. 2022).
— Mont. Code Ann. § 39-2-904(1)(b) — 19 cases
McConkey v. Flathead Elec. Coop., 2005 MT 334 (Mont. 2005). “Section 39-2-904(1)(b), MCA. Good cause includes a legitimate business reason, which we have defined as "a reason that is neither false, whimsical, arbitrary or capricious, and it must have some logical relationship to the needs of the business.”
Ritchie v. Town of Ennis Ex Rel. Hernandez, 2004 MT 43 (Mont. 2004). “¶ 6 Ritchie brought a wrongful discharge from employment claim against the Town and the Mayor under § 39-2-904, MCA (1999). He asserted that he was terminated for refusing to violate public policy when he was told to stop writing tickets, but he nevertheless wrote various…”
Barthel v. Barretts, 2021 MT 232 (Mont. 2021).
Smith v. Charter Commc'ns, 2023 MT 92 (Mont. 2023).
Sullivan v. Cont'l Constr. of Montana, LLC, 2013 MT 106 (Mont. 2013).
— Mont. Code Ann. § 39-2-904(1)(c) — 11 cases
McConkey v. Flathead Elec. Coop., 2005 MT 334 (Mont. 2005). “Section 39-2-904(1)(b), MCA. Good cause includes a legitimate business reason, which we have defined as "a reason that is neither false, whimsical, arbitrary or capricious, and it must have some logical relationship to the needs of the business.”
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). “Section 39-2-904(1), MCA. Moe contends that her discharge was wrongful under all three grounds set forth in § 39-2-904(1), MCA.”
Chipman v. Nw. Healthcare Corp., 14 MT 15 (Mont. 2014).
Buckley v. Cmty. Mental Health, 2021 MT 82 (Mont. 2021).
Putnam v. C. Montana Med. Ctr, 2020 MT 65 (Mont. 2020).
— Mont. Code Ann. § 39-2-904(2) — 25 cases
Blehm v. St. John's Lutheran Hosp., Inc., 2010 MT 258 (Mont. 2010). “However, Td]uring a probationary period of employment, the employment may be terminated at the will of either the employer or the employee on notice to the other for any reason or for no reason.” An employer may establish the relevant probationary period, but if not “there is a…”
Whidden v. John S. Nerison, Inc., 1999 MT 110 (Mont. 1999). “Section 39-2-904, MCA, sets forth the elements of wrongful discharge: Elements of wrongful discharge.”
Buck v. Billings Montana Chevrolet, Inc., 811 P.2d 537 (Mont. 1991). “Section 39-2-904(1) states: A discharge is wrongful only if .”
Kizer v. Semitool, Inc., 824 P.2d 229 (Mont. 1991).
Howard v. Conlin Furniture No. 2, Inc., 901 P.2d 116 (Mont. 1995).
— Mont. Code Ann. § 39-2-904(2)(a) — 2 cases
Stafford v. State, 2004 MT 96N (Mont. 2004).
Dundas v. Winter Sports, Inc., 2017 MT 269 (Mont. 2017).
— Mont. Code Ann. § 39-2-904(2)(b) — 2 cases
Blehm v. St. John's Lutheran Hosp., Inc., 2010 MT 258 (Mont. 2010). “However, Td]uring a probationary period of employment, the employment may be terminated at the will of either the employer or the employee on notice to the other for any reason or for no reason.” An employer may establish the relevant probationary period, but if not “there is a…”
Dundas v. Winter Sports, Inc., 2017 MT 269 (Mont. 2017).
— Mont. Code Ann. § 39-2-904(3) — 8 cases
Buck v. Billings Montana Chevrolet, Inc., 811 P.2d 537 (Mont. 1991). “Section 39-2-904(1) states: A discharge is wrongful only if .”
Ritchie v. Town of Ennis Ex Rel. Hernandez, 2004 MT 43 (Mont. 2004). “¶ 6 Ritchie brought a wrongful discharge from employment claim against the Town and the Mayor under § 39-2-904, MCA (1999). He asserted that he was terminated for refusing to violate public policy when he was told to stop writing tickets, but he nevertheless wrote various…”
Tonack v. Montana Bank of Billings, 854 P.2d 326 (Mont. 1993).
Miller v. Citizens State Bank, 830 P.2d 550 (Mont. 1992).
Kearney v. KXLF Commc'ns, Inc., 869 P.2d 772 (Mont. 1994).
— Mont. Code Ann. § 39-2-904(b) — 1 case
Miske v. DNRC, 2023 MT 241 (Mont. 2023).
— Mont. Code Ann. § 39-2-904(l) — 1 case
Vitullo v. Int'l Bhd. of Elec. Workers, Local 206, 2003 MT 219 (Mont. 2003).
— Mont. Code Ann. § 39-2-904(l)(C) — 1 case
Kimberly Asper v. Costco Wholesale, 598 F. App'x 494 (9th Cir. 2015).
— Mont. Code Ann. § 39-2-904(l)(a) — 5 cases
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). “Section 39-2-904(1), MCA. Moe contends that her discharge was wrongful under all three grounds set forth in § 39-2-904(1), MCA.”
Fenno v. Mountain West Bank, 2008 MT 267 (Mont. 2008). “” Section 39-2-904(1)(a), MCA. Thus, the District Court interpreted the federal statutes as affording Mountain West great latitude to fire its officers similar to the latitude afforded by the court in Mackey.”
Ritchie v. Town of Ennis Ex Rel. Hernandez, 2004 MT 43 (Mont. 2004). “¶ 6 Ritchie brought a wrongful discharge from employment claim against the Town and the Mayor under § 39-2-904, MCA (1999). He asserted that he was terminated for refusing to violate public policy when he was told to stop writing tickets, but he nevertheless wrote various…”
Cartwright v. Scheels All Sports, Inc., 2013 MT 158 (Mont. 2013).
Harrell v. Farmers Educ. Coop. Union, 2013 MT 367 (Mont. 2013).
— Mont. Code Ann. § 39-2-904(l)(b) — 13 cases
Johnson v. Costco Wholesale, 2007 MT 43 (Mont. 2007). “Section 39-2-904, MCA. The WDEA further defines “good cause” as “reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer’s operation, or other legitimate business reason.”
Davis v. DPHHS, 2015 MT 264 (Mont. 2015).
McConkey v. Flathead Elec. Coop., 2005 MT 334 (Mont. 2005). “Section 39-2-904(1)(b), MCA. Good cause includes a legitimate business reason, which we have defined as "a reason that is neither false, whimsical, arbitrary or capricious, and it must have some logical relationship to the needs of the business.”
Becker v. Rosebud Operating Servs., Inc., 2008 MT 285 (Mont. 2008).
Ritchie v. Town of Ennis Ex Rel. Hernandez, 2004 MT 43 (Mont. 2004). “¶ 6 Ritchie brought a wrongful discharge from employment claim against the Town and the Mayor under § 39-2-904, MCA (1999). He asserted that he was terminated for refusing to violate public policy when he was told to stop writing tickets, but he nevertheless wrote various…”
— Mont. Code Ann. § 39-2-904(l)(c) — 7 cases
Johnson v. Costco Wholesale, 2007 MT 43 (Mont. 2007). “Section 39-2-904, MCA. The WDEA further defines “good cause” as “reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer’s operation, or other legitimate business reason.”
Moe v. Butte-Silver Bow Cnty., 2016 MT 103 (Mont. 2016). “Section 39-2-904(1), MCA. Moe contends that her discharge was wrongful under all three grounds set forth in § 39-2-904(1), MCA.”
McConkey v. Flathead Elec. Coop., 2005 MT 334 (Mont. 2005). “Section 39-2-904(1)(b), MCA. Good cause includes a legitimate business reason, which we have defined as "a reason that is neither false, whimsical, arbitrary or capricious, and it must have some logical relationship to the needs of the business.”
Chipman v. Nw. Healthcare Corp., 14 MT 15 (Mont. 2014).
Sullivan v. Cont'l Constr. of Montana, LLC, 2013 MT 106 (Mont. 2013).
— Mont. Code Ann. § 39-2-904(lXb) — 1 case
Harrington v. Energy West Inc., 2015 MT 233 (Mont. 2015).
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