WRONGFUL DISCHARGE: Material fact issues preclude summary judgment as to reasons given in discharge letter in case in which Montana Supreme Court clarified that Defendant may defeat wrongful discharge action only for reasons in discharge letter… Watters reversed (memorandum). [Read more…]
Wrongful discharge, Galbreath rule, discharge letter
WRONGFUL DISCHARGE: Galbreath rule limiting defense to reasons in discharge letter not superseded by 1999 amendments but evidence offered to substantiate those reasons admissible… answer to 9th Circuit question (reversing Watters’s summary judgment for employer). [Read more…]
Vaccination discrimination, mailroom employees
VACCINATION DISCRIMINATION claims by mailroom employees limited to 11/8/21 through 12/16/21 when state law applied… Chad Vanisko. [Read more…]
Vaccination status discrimination, OSHA directive
VACCINATION STATUS DISCRIMINATION claim dismissed on the basis of preemption by OSHA directive during the time it was in effect… Jeffrey Doud. [Read more…]
Wrongful discharge, defend solely on discharge letter?
WRONGFUL DISCHARGE: Whether employer may defend solely for reasons in discharge letter as held in Galbreath or whether 1999 amendments supersede the Galbreath rule certified to Montana Supreme Court… order. [Read more…]
Wrongful discharge, cable manager
WRONGFUL DISCHARGE: Fact issues preclude summary judgment as to whether cable manager who was fired after Facebook criticism of Governor was terminated for stated reasons of failing to meet purported 50% travel requirement and allowing an employee to perform unauthorized electrical work… recommendations by Cavan. [Read more…]
Tortious interference, truck driver urination
TORTIOUS INTERFERENCE: No evidence that aviation fuel tank farm owner acted intentionally to damage fuel truck driver’s employment by complaining about him urinating on ground while waiting for employees to arrive to unlock gate… H. Brown affirmed (IOR I-3(c)). [Read more…]
Medical Marijuana Act, employer prohibition
MEDICAL MARIJUANA ACT provision that employers may ban marijuana not violative of Montana Constitution. . . Haddon affirmed (memorandum). [Read more…]
Sex discrimination, VP pay/transfer disparity
SEX DISCRIMINATION: VP pay/transfer disparity claims rejected. . . correct evidentiary standard applied. . . Caroline Holien (Administrative Decision)/HRC. [Read more…]
Wrongful discharge, arbitration acceptance
WRONGFUL DISCHARGE: Court lost jurisdiction over and properly dismissed spoliation/declaratory claims once Plaintiff agreed to arbitrate WDA claim, but similarly had no jurisdiction to rule that 39-2-914(5) does not violate jury, equal [Read more…]