Montana Request for Production of Documents - Worker's Compensation - Wrongful Termination

State:
Multi-State
Control #:
US-PI-0253
Format:
Word; 
Rich Text
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Description

This form is a sample request for production of documents, tangible items and things submitted by the plaintiff to the defendant in a personal injury action involving claims of failure to pay Worker's Compensation benefits and wrongful termination.
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  • Preview Request for Production of Documents - Worker's Compensation - Wrongful Termination
  • Preview Request for Production of Documents - Worker's Compensation - Wrongful Termination
  • Preview Request for Production of Documents - Worker's Compensation - Wrongful Termination
  • Preview Request for Production of Documents - Worker's Compensation - Wrongful Termination
  • Preview Request for Production of Documents - Worker's Compensation - Wrongful Termination

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FAQ

What does it mean for Montana not to be an at-will state? Montana is one of the only states whose law allows for employees to have an extra-layer of protection. In other states employers can fire an un-contracted at-will employee at any time and for any legal reason.

A detailed narrative progress/supplemental report is filed to document any significant change in the worker's medical or disability status.

At-will Employment in Montana Unlike every other state in the U.S., Montana only allows at-will termination while employees are in their introductory probationary periods. Companies can set their own time for probation, or can allow the statutory six-month period to take effect through their inaction.

Wrongful termination from employment in Montana can arise under several circumstances. First, an employee terminated from his employment because of being a part of a protected class, or reporting discriminatory conduct, is entitled to recovery under both state and federal law.

(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.

Montana is not an ?at will? state. In some instances, the Wrongful Discharge From Employment Act does not apply, but generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination.

Montana is not an ?at will? state. In some instances, the Wrongful Discharge From Employment Act does not apply, but generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination.

Under Montana law, ?Good cause? is defined 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.? MCA § 39-2-903(5).

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Montana Request for Production of Documents - Worker's Compensation - Wrongful Termination