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

Mont. Code Ann. § 39-2-914 (2026)

Arbitration

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 2
  4. Part 9
  5. 39-2-914 Arbitration

TITLE 39. LABOR

CHAPTER 2. THE EMPLOYMENT RELATIONSHIP

Part 9. Wrongful Discharge From Employment

Arbitration

39-2-914. Arbitration. (1) A party may make a written offer to arbitrate a dispute that otherwise could be adjudicated under this part.

(2) An offer to arbitrate must be in writing and contain the following provisions:

(a) A neutral arbitrator must be selected by mutual agreement or, in the absence of agreement, as provided in 27-5-211.

(b) The arbitration must be governed by the Uniform Arbitration Act, Title 27, chapter 5. If there is a conflict between the Uniform Arbitration Act and this part, this part applies.

(c) The arbitrator is bound by this part.

(3) If a complaint is filed under this part, the offer to arbitrate must be made within 60 days after service of the complaint and must be accepted in writing within 30 days after the date the offer is made.

(4) A discharged employee who makes a valid offer to arbitrate that is accepted by the employer and who prevails in such arbitration is entitled to have the arbitrator's fee and all costs of arbitration paid by the employer.

(5) If a valid offer to arbitrate is made and accepted, arbitration is the exclusive remedy for the wrongful discharge dispute and there is no right to bring or continue a lawsuit under this part. The arbitrator's award is final and binding, subject to review of the arbitrator's decision under the provisions of the Uniform Arbitration Act.

History: En. Sec. 9, Ch. 641, L. 1987; amd. Sec. 2, Ch. 442, L. 1993.

Notes of Decisions
Cited in 13 cases, 1989–2013 · leading case: Burkhart v. Semitool, Inc., 2000 MT 201 (Mont. 2000).
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Burkhart v. Semitool, Inc., 2000 MT 201 (Mont. 2000). · cites it 26× “¶10 On February 9,1998, Semitool filed its answer and a demand for arbitration pursuant to § 39-2-914, MCA. Burkhart accepted Semitool’s offer to arbitrate on March 6, 1998.”
Nelson v. Livingston Rebuild Ctr., Inc., 1999 MT 116 (Mont. 1999). · cites it 18× “Under the stipulation and agreement, then, and pursuant to the express terms of § 39-2-914, MCA, the provisions of the WDFEA are incorporated into the arbitration process.”
May v. First Nat'l Pawn Brokers, Ltd., 887 P.2d 185 (Mont. 1994). · cites it 16× “The Mays offered to arbitrate the dispute pursuant to § 39-2-914, MCA. FNP accepted. The parties stipulated that the arbitrator would be Gordon R.”
Kearney v. KXLF Commc'ns, Inc., 869 P.2d 772 (Mont. 1994). · cites it 4× “ISSUE 3 Did the District Court err when it refused to award attorney fees to KXLF pursuant to the arbitration provisions of the Wrongful Discharge from Employment Act? *414 Following the court’s directed verdict and the jury verdict in favor of KXLF on Kearney’s wrongful…”
Ritchie v. Town of Ennis Ex Rel. Hernandez, 2004 MT 43 (Mont. 2004). · cites it 2× “In contrast, under the specific provisions of the WDEA, §§ 39-2-914 and -915, MCA, provide that a party who makes a written offer to arbitrate that is not accepted by the other party and who also eventually prevails in an action is entitled as an element of costs to reasonable…”
Johnson v. Costco Wholesale, 2007 MT 43 (Mont. 2007). “¶37 Are the WDEA’s arbitration and attorney fees statutes unconstitutional? *117 ¶38 Lastly, Johnson argues the WDEA’s arbitration and attorney fees statutes, §§ 39-2-914 and 915, MCA, are unconstitutional.”
Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989). “[ § 39-2-914] Section 10. Repealed. Sections 39-2-504 and 39-2-505, MCA, are repealed.”
Dahl v. Fred Meyer, Inc., 1999 MT 285 (Mont. 1999). · cites it 4× “Section 39-2-914, MCA. Once the parties agree to arbitration, the District Court has authority only to confirm, modify and confirm, or vacate and remand for rehearing.”
Harding v. Garcia, 2008 MT 31N (Mont. 2007). · cites it 2× “She made an offer to arbitrate her claim against PHP pursuant to § 39-2-914(3), MCA. Section 39-2-915, MCA, provides that a party who makes an offer to arbitrate that is declined, and who subsequently prevails in the action, is entitled to their reasonable attorney fees incurred…”
Ensey v. Mini Mart, Inc., 2013 MT 94 (Mont. 2013). · cites it 37× “Mini Mart offered to arbitrate the dispute pursuant to § 39-2-914, MCA, on August 8, 2011. Ezzie accepted the offer to arbitrate on August 29, 2011.”
Hoffman v. Town Pump, Inc., 843 P.2d 756 (Mont. 1992). · cites it 6× “Did the district court err in awarding respondent $25,000 in attorney fees? Section 39-2-914, MCA, provides that the parties may submit their dispute to arbitration if they agree in writing to arbitration.”
Moore v. Imperial Hotels Corp., 948 P.2d 211 (Mont. 1997). · cites it 2× “On February 23, 1995, Imperial made an offer to arbitrate the case pursuant to *190 § 39-2-914, MCA, and the Moores refused. A jury returned a verdict in Imperial’s favor on January 25, 1996.”
Show all 13 citing cases →
Mont. Code Ann. § 39-2-914(2)(b): 1 case
Nelson v. Livingston Rebuild Ctr., Inc., 1999 MT 116 (Mont. 1999). “Under the stipulation and agreement, then, and pursuant to the express terms of § 39-2-914, MCA, the provisions of the WDFEA are incorporated into the arbitration process.”
Mont. Code Ann. § 39-2-914(2)(c): 1 case
Nelson v. Livingston Rebuild Ctr., Inc., 1999 MT 116 (Mont. 1999). “Under the stipulation and agreement, then, and pursuant to the express terms of § 39-2-914, MCA, the provisions of the WDFEA are incorporated into the arbitration process.”
Mont. Code Ann. § 39-2-914(3): 1 case
Harding v. Garcia, 2008 MT 31N (Mont. 2007). “She made an offer to arbitrate her claim against PHP pursuant to § 39-2-914(3), MCA. Section 39-2-915, MCA, provides that a party who makes an offer to arbitrate that is declined, and who subsequently prevails in the action, is entitled to their reasonable attorney fees incurred…”
Mont. Code Ann. § 39-2-914(4): 1 case
Kearney v. KXLF Commc'ns, Inc., 869 P.2d 772 (Mont. 1994). “ISSUE 3 Did the District Court err when it refused to award attorney fees to KXLF pursuant to the arbitration provisions of the Wrongful Discharge from Employment Act? *414 Following the court’s directed verdict and the jury verdict in favor of KXLF on Kearney’s wrongful…”
Mont. Code Ann. § 39-2-914(5): 3 cases
Burkhart v. Semitool, Inc., 2000 MT 201 (Mont. 2000). “¶10 On February 9,1998, Semitool filed its answer and a demand for arbitration pursuant to § 39-2-914, MCA. Burkhart accepted Semitool’s offer to arbitrate on March 6, 1998.”
May v. First Nat'l Pawn Brokers, Ltd., 887 P.2d 185 (Mont. 1994). “The Mays offered to arbitrate the dispute pursuant to § 39-2-914, MCA. FNP accepted. The parties stipulated that the arbitrator would be Gordon R.”
Ensey v. Mini Mart, Inc., 2013 MT 94 (Mont. 2013). “Mini Mart offered to arbitrate the dispute pursuant to § 39-2-914, MCA, on August 8, 2011. Ezzie accepted the offer to arbitrate on August 29, 2011.”
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