It seems obvious to employers that employees need to show up for work when they are scheduled, but it doesn’t always work that way. It is reasonable to have attendance policies, requiring employees to show up or otherwise meet their employment obligations. This could take the form of a job … Read More
Pregnancy isn’t considered a disability in the same way that cancer or MS are, but the federal government recognizes that pregnant women can be discriminated against in similar ways and has taken steps to rectify this. Under the Pregnancy Discrimination Act, pregnant women are entitled to accommodations just as disabled … Read More
The day-to-day work of a nonprofit is (or should be) managed by the executive director, which is managed by the board of directors, which is managed by the president. Too many board presidents, especially of smaller nonprofits, think that they manage the board by running the monthly or quarterly meetings, … Read More
Since Montana is not an at-will state, employers must have good cause for firing an employee past the probation period. In general, good cause means that the employee did something wrong that affects the business, and that they have had a chance to fix it but didn’t. Good cause does … Read More
Medical marijuana is legal in Montana, but that doesn’t mean that businesses have to allow employees to light up at work. According to an advisors’ website, Mondaq, [S]upreme courts in California, Oregon, Washington and Montana have all upheld employer decisions to discharge employees that were medical marijuana patients. The plaintiffs … Read More
Most people volunteer for a nonprofit board because they believe in the work the organization does, knowing that they will be asked to help with fund-raising and programming. However, there are several other board tasks that are vital to the success of the organization – and that can draw unpleasant … Read More
When an employee leaves a job, there is always the chance that they will bring a case for wrongful discharge. This is more likely to happen if they are fired, but even an employee who appears to leave amicably can claim that they were constructively discharged (i.e. forced to quit … Read More
The by-laws of most nonprofits include provisions for an executive committee, but not all boards make regular use of them. For smaller boards that meet regularly, there may be no need for an executive committee; for large boards or those that meet less often, they are a way to help … Read More
There are a variety of reasons an employer might deduct amounts from an employees pay check, only some of which are legal. It is certainly legal to deduct amounts required by law, such as federal and state taxes, Social Security, or a garnishment order, but beyond that it gets murkier. … Read More
In many, even most ways, Montana employment law follows the federal laws, but there are a few areas in which it doesn’t. Here are the deviations that most commonly cause problems: Age discrimination covers all ages in Montana, not just people over 40 years old. This means that you cannot … Read More