Montana Code, Annotated, Chapter 39, Title 2, Part 9, details the elements of unlawful discharge from employment. A discharge of an employee without legitimate business reason after a probationary period of at-will employment is not lawful under MCA 39-2-9.
Such a policy should provide for reasonable business and employee accommodations. Notably, use of any legal product for medical purposes must be treated as a bona fide medical purpose, as if for disability; and for non-medical purpose, must produce a legitimate business reason for discharge if used as justification for discharge or discipline.
Motana’s recognition of constructive discharge provides a key protection for employees who voluntarily terminate employment under duress or coercion.