Montana Code Annotated

Mont. Code Ann. § 39-2-905 (2026)

Remedies

✓ current as of May 2026

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TITLE 39. LABOR

CHAPTER 2. THE EMPLOYMENT RELATIONSHIP

Part 9. Wrongful Discharge From Employment

Remedies

39-2-905. Remedies. (1) If an employer has committed a wrongful discharge, the employee may be awarded lost wages and fringe benefits for a period not to exceed 4 years from the date of discharge, together with interest on the lost wages and fringe benefits. The employee's interim earnings, derived from any new kind, nature, or type of work, hire, contractor status, or employment that did not exist at the time of discharge, including amounts the employee could have earned with reasonable diligence from the work, hire, contractor status, or employment, must be deducted from the amount awarded for lost wages. Before interim earnings are deducted from lost wages, there must be deducted from the interim earnings any reasonable amounts expended by the employee in searching for, obtaining, or relocating to new employment.

(2) Following any verdict or award in favor of the discharged employee, the district court shall consider any monetary payments, compensation, or benefits the employee received arising from or related to the discharge, including unemployment compensation or benefits and early retirement pay, and shall deduct those payments, compensation, and benefits from the amount awarded for lost wages before entering judgment.

(3) The employee may recover punitive damages otherwise allowed by law if it is established by clear and convincing evidence that the employer engaged in actual fraud or actual malice in the discharge of the employee in violation of 39-2-904(1)(a).

(4) There is no right under any legal theory to damages for wrongful discharge under this part for pain and suffering, emotional distress, compensatory damages, punitive damages, or any other form of damages, except as provided for in subsections (1) and (2).

History: En. Sec. 5, Ch. 641, L. 1987; amd. Sec. 1, Ch. 442, L. 1993; amd. Sec. 3, Ch. 583, L. 2001; amd. Sec. 4, Ch. 117, L. 2021.

Notes of Decisions

Cited in 33 cases (2 in the last 5 years), 1989–2024 · leading case: Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989).

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Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989). · cites it 30× “Under the Act, plaintiffs have no claim to damages for "pain and suffering, emotional distress, compensatory damages, or punitive damages, or any form of damages, except as provided for in subsections (1) and (2) [of § 39-2-905, MCA]." Subsections (1) and (2) of § 39-2-905, MCA,…”

Weber v. State, 831 P.2d 1359 (Mont. 1992). · cites it 36× “The instruction was based on § 39-2-905, MCA, which provides in part that: (1) If an employer has committed a wrongful discharge, the employee may be awarded lost wages and fringe benefits for a period not to exceed 4 years from the date of discharge, together with interest…”

Clark v. Eagle Sys., Inc., 927 P.2d 995 (Mont. 1996). · cites it 10× “To hold, as Conlin suggests, that termination of employment in a position that pays over $50,000 per year, and subsequently offering a position which pays less than 25 percent of that amount, is not "a termination of employment" would ignore the plain language of the Act and…”

Buck v. Billings Montana Chevrolet, Inc., 811 P.2d 537 (Mont. 1991). · cites it 8× “According to his argument, this "fraud" entitles him to recover punitive damages under § 39-2-905(2), MCA. This section states: The employee may recover punitive damages otherwise allowed by law if it is established by clear and convincing evidence that the employer engaged in…”

Dagel v. City of Great Falls, 819 P.2d 186 (Mont. 1991). · cites it 6× “Section 39-2-905(3), MCA, provides that under the Act there is no right to damages for wrongful discharge for pain and suffering, emotional distress, or punitive damages.”

Nelson v. Livingston Rebuild Ctr., Inc., 1999 MT 116 (Mont. 1999). · cites it 8× “¶ 18 Nelson responds that his costs to disprove allegations of misconduct, and to live in and commute from Chicago, were recoverable pursuant to § 39-2-905, MCA, as amounts necessary to obtain and relocate to new employment, but that even if this Court held otherwise, the…”

Heltborg v. Modern Mach., 795 P.2d 954 (Mont. 1990). · cites it 6× “Section 39-2-905, MCA. V. Conclusion I dissent from the majority opinion in all particulars and would affirm the judgment of the District Court.”

Howard v. Conlin Furniture No. 2, Inc., 901 P.2d 116 (Mont. 1995). · cites it 6× “Section 39-2-905, MCA. Howard was informed that he was being terminated as Conlin's manager.”

Cartwright v. Scheels All Sports, Inc., 2013 MT 158 (Mont. 2013). · cites it 6× “Did the court err when it failed to allow Cartwright to amend the pleadings to add a claim for punitive damages under §39-2-905(2), MCA? ¶6 4. Did the court erroneously allow Scheels’ expert witness to testify as to ultimate issues of fact and law, invading the province of the…”

Jarvenpaa v. Glacier Elec. Coop., Inc., 1998 MT 306 (Mont. 1998). · cites it 4× “He also alleged that Glacier’s actions were malicious and in retaliation for reporting Glacier’s violation of environmental standards, pursuant to § 39-2-905(2), MCA, which allows for punitive damages.”

Great Falls Clinic LLP v. Montana Eighth Jud. Dist. Court, 2016 MT 245 (Mont. 2016). · cites it 6× “The Clinic’s written job offer, accepted by Warrington, welcomed her to join them “as a Clinical Manager” at an annual compensation of $78,500 plus benefits, with a start date to be determined. The Clinic established a six-month probationary period “which begins on your first…”

Solle v. W. States Ins. Agency, Inc., 2000 MT 96 (Mont. 2000). · cites it 5× “Section 39-2-905, MCA; Kulm, 285 Mont. at 331 , 948 P.”

Show all 33 citing cases →

— Mont. Code Ann. § 39-2-905(1) — 11 cases

Weber v. State, 831 P.2d 1359 (Mont. 1992). “The instruction was based on § 39-2-905, MCA, which provides in part that: (1) If an employer has committed a wrongful discharge, the employee may be awarded lost wages and fringe benefits for a period not to exceed 4 years from the date of discharge, together with interest…”

Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989). “Under the Act, plaintiffs have no claim to damages for "pain and suffering, emotional distress, compensatory damages, or punitive damages, or any form of damages, except as provided for in subsections (1) and (2) [of § 39-2-905, MCA]." Subsections (1) and (2) of § 39-2-905, MCA,…”

Kestell v. Heritage Health Care Corp., 858 P.2d 3 (Mont. 1993).

Birkenbuel v. M.C.C. Constr. Corp., 962 F. Supp. 1305 (D. Mont. 1997).

Great Falls Clinic LLP v. Montana Eighth Jud. Dist. Court, 2016 MT 245 (Mont. 2016). “The Clinic’s written job offer, accepted by Warrington, welcomed her to join them “as a Clinical Manager” at an annual compensation of $78,500 plus benefits, with a start date to be determined. The Clinic established a six-month probationary period “which begins on your first…”

— Mont. Code Ann. § 39-2-905(2) — 5 cases

Buck v. Billings Montana Chevrolet, Inc., 811 P.2d 537 (Mont. 1991). “According to his argument, this "fraud" entitles him to recover punitive damages under § 39-2-905(2), MCA. This section states: The employee may recover punitive damages otherwise allowed by law if it is established by clear and convincing evidence that the employer engaged in…”

Cartwright v. Scheels All Sports, Inc., 2013 MT 158 (Mont. 2013). “Did the court err when it failed to allow Cartwright to amend the pleadings to add a claim for punitive damages under §39-2-905(2), MCA? ¶6 4. Did the court erroneously allow Scheels’ expert witness to testify as to ultimate issues of fact and law, invading the province of the…”

Jarvenpaa v. Glacier Elec. Coop., Inc., 1998 MT 306 (Mont. 1998). “He also alleged that Glacier’s actions were malicious and in retaliation for reporting Glacier’s violation of environmental standards, pursuant to § 39-2-905(2), MCA, which allows for punitive damages.”

Timpano v. Cent. MT HRDC, 2022 MT 169 (Mont. 2022).

Batoon v. City of Conrad, 1998 MT 313N (Mont. 1998).

— Mont. Code Ann. § 39-2-905(3) — 7 cases

Dagel v. City of Great Falls, 819 P.2d 186 (Mont. 1991). “Section 39-2-905(3), MCA, provides that under the Act there is no right to damages for wrongful discharge for pain and suffering, emotional distress, or punitive damages.”

Clark v. Eagle Sys., Inc., 927 P.2d 995 (Mont. 1996). “To hold, as Conlin suggests, that termination of employment in a position that pays over $50,000 per year, and subsequently offering a position which pays less than 25 percent of that amount, is not "a termination of employment" would ignore the plain language of the Act and…”

Kneeland v. Luzenac Am., Inc., 1998 MT 136 (Mont. 1998).

Maloney v. Home & Inv. Ctr., Inc., 2000 MT 34 (Mont. 2000).

Basta v. Crago, Inc., 930 P.2d 78 (Mont. 1996).

— Mont. Code Ann. § 39-2-905(4) — 2 cases

Winsor v. State, 2024 MT 43N (Mont. 2024).

Timpano v. Cent. MT HRDC, 2022 MT 169 (Mont. 2022).

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