Montana § 2-18-621 Unlawful Termination -- Unlawful Payments

Montana Statutes

§ 2-18-621 — Unlawful Termination -- Unlawful Payments

Montana § 2-18-621

Title 2GOVERNMENT STRUCTURE AND ADMINISTRATION

Ch. 18STATE EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS

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This text of Montana § 2-18-621 (Unlawful Termination -- Unlawful Payments) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 2-18-621 (2026).

Text

2-18-621 . Unlawful termination -- unlawful payments.

(1)It is unlawful for an employer to terminate or separate an employee from employment in an attempt to circumvent the provisions of 2-18-611 , 2-18-612 , and 2-18-614 . If a question arises under this subsection, it must be submitted to arbitration as provided in Title 27, chapter 5, as if an agreement described in 27-5-114 is in effect, unless there is an applicable collective bargaining agreement to the contrary.

(2)(a) An employee who terminates employment is entitled to receive only:

(i)payments for accumulated wages, vacation leave as provided in 2-18-617 , sick leave as provided in 2-18-618 , and compensatory time earned as provided in the rules or policies of the employer; and

(ii)if the termination is the result of a reduct

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2-18-621 . Unlawful termination -- unlawful payments. (1) It is unlawful for an employer to terminate or separate an employee from employment in an attempt to circumvent the provisions of 2-18-611 , 2-18-612 , and 2-18-614 . If a question arises under this subsection, it must be submitted to arbitration as provided in Title 27, chapter 5, as if an agreement described in 27-5-114 is in effect, unless there is an applicable collective bargaining agreement to the contrary.
(2) (a) An employee who terminates employment is entitled to receive only:
(i) payments for accumulated wages, vacation leave as provided in 2-18-617 , sick leave as provided in 2-18-618 , and compensatory time earned as provided in the rules or policies of the employer; and
(ii) if the termination is the result of a reduction in force, severance pay and a retraining allowance as provided for in 2-18-622 .
(b) An employee who terminates employment may not receive severance pay, a bonus, or any other type of monetary payment not described in subsection (2)(a)(i) or (2)(a)(ii).
(3) Subsection (2) does not apply to:
(a) retirement benefits;
(b) a payment, settlement, award, or judgment that involves a potential or actual cause of action, legal dispute, claim, grievance, contested case, or lawsuit; or
(c) any other payment authorized by law.

Legislative History

En. Sec. 1, Ch. 131, L. 1949; amd. Sec. 1, Ch. 152, L. 1951; amd. Sec. 1, Ch. 350, L. 1969; amd. Sec. 1, Ch. 121, L. 1971; amd. Sec. 1, Ch. 360, L. 1973; amd. Sec. 2, Ch. 476, L. 1973; amd. Sec. 1, Ch. 62, L. 1975; amd. Sec. 1, Ch. 479, L. 1977; R.C.M. 1947, 59-1001(5); amd. Sec. 22, Ch. 684, L. 1985; amd. Sec. 126, Ch. 61, L. 2007; amd. Sec. 1, Ch. 341, L. 2007; amd. Sec. 5, Ch. 167, L. 2019.