Employment Law

Services We Offer:

Wrongful Termination (WDEA Claims)

Montana is one of the only states in the country that is not a traditional at-will employment state. Under the Montana Wrongful Discharge from Employment Act, employees who have completed a probationary period can generally only be terminated for "good cause." That's a meaningful protection — and one that many Montana employees don't know they have until it's too late.

We help employees evaluate whether their termination may have violated the WDEA and pursue claims when the facts support it. We also help employers ensure their termination decisions are legally defensible before they make them.

For Employers:

Montana's employment laws — especially the Wrongful Discharge from Employment Act — create obligations that catch a lot of small businesses off guard. A termination that would be routine in most states can give rise to a claim here if you don't have the right documentation and policies in place.

We help employers draft employee handbooks and workplace policies, review and structure employment agreements, navigate discipline and termination decisions, address wage and hour compliance, and respond to employment claims when they arise.

For Employees:

If you've been fired, underpaid, misclassified, or pushed out of a job in Montana, you may have more legal options than you think. Montana is one of the few states in the country where employees have meaningful protection against termination without good cause — and those rights are worth understanding before you decide what to do next.

We help employees with wrongful termination claims under the WDEA, unpaid wages and overtime disputes, independent contractor misclassification, on-call pay issues, and severance agreement review and negotiation.

Wage & Hour Disputes

Unpaid wages, missed overtime, on-call compensation, and independent contractor misclassification are among the most common employment issues in Montana — and they affect both workers and businesses. Employees who have been shorted on pay have legal remedies, including potential penalties. Employers who have misclassified workers or failed to track hours correctly face real liability.

We represent employees recovering unpaid compensation and advise employers on getting their pay practices right.

Employment Agreements & Policies

The documents that govern your employment relationships matter more than most people realize until something goes wrong. We draft and review employment contracts, offer letters, independent contractor agreements, non-compete and non-solicitation clauses, and employee handbooks.

For employers, a well-drafted handbook is one of the most cost-effective tools you have — it sets expectations, creates consistency, and provides a documented basis for discipline and termination decisions.

Employment Litigation

When an employment dispute can't be resolved informally, we represent both employees and employers in Montana employment litigation — including WDEA claims, wage and hour actions, and related civil matters. We approach every case with a preference for efficient resolution, but we're fully prepared to litigate when that's what it takes.

Severance Agreements

Severance agreements are almost always negotiable — but most people sign them without knowing that. These agreements typically include waivers of important legal rights, and the first offer is rarely the best one.

We review severance packages for employees, identify what's worth negotiating, and work to get better terms. For employers, we draft severance agreements that are clear, enforceable, and designed to actually accomplish what you need them to.

Employer Compliance & Risk Management

Most employment problems are preventable. We work with Montana businesses to audit their practices, update their policies, and make sure their day-to-day HR decisions are legally sound — before a complaint gets filed. If a dispute does arise, we're positioned to respond quickly because we already know your business.

She's been the employer, too.

Most employment attorneys have spent their careers in law firms. Brittany spent nearly a decade as Director of Operations for a Bozeman business — managing employees, navigating HR decisions, working through terminations, handling complaints, and advising on compliance from the inside.

That experience gives her something that's genuinely hard to teach: she understands what it's actually like to run an organization. When she advises a business client on an employment issue, she's not working from theory. When she represents an employee, she understands exactly what the employer is likely thinking — and how to respond to it.

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Frequently Asked Questions

No — and this is one of the most important things to understand about working or employing people in Montana. After an employee completes their probationary period, they can generally only be terminated for "good cause" under the Montana Wrongful Discharge from Employment Act (WDEA). This is unusual compared to most states, where employers can terminate for any reason at any time.
Under the WDEA, termination may be wrongful if it was made without good cause, in violation of the employer's own written policies, or in retaliation for the employee doing something that public policy protects (like reporting illegal activity). The analysis is always fact-specific, which is why it's worth talking through your situation before assuming you do or don't have a claim.
Yes. Montana law provides remedies for unpaid wages, and in some cases employees may be entitled to additional penalties on top of the wages owed. If you believe you've been shorted on pay — including overtime, on-call time, or wages owed at termination — it's worth getting a legal opinion on your options.
It depends on how restrictive the on-call requirement is. If your employees are significantly limited in how they can use their time while on call, that time may be compensable under Montana law. This is a fact-specific issue that comes up frequently for businesses in healthcare, agriculture, hospitality, and other industries.
Only if the legal requirements are actually met. Misclassification is one of the most common employment law violations in Montana — and it costs workers wages, overtime, and benefits they're entitled to. If you're working regular hours for a single company, following their schedule, and using their equipment, there's a real question about whether your contractor classification is lawful.
No. Severance agreements almost always include waivers of legal rights, and you typically have time to review them. Before you sign, it's worth having an attorney look at what you're being asked to give up — and whether the offer is actually reasonable given your situation. In many cases, there's room to negotiate.
Outside of a probationary period, terminations need to be supported by good cause and consistent with your own written policies. That means documentation matters — a lot. We advise employers on how to structure discipline and termination processes that are both legally defensible and fair, before the situation gets to a point where it's reactive.
It's not legally required, but it's one of the most valuable things you can have. A well-drafted handbook sets expectations, creates consistency in how you treat employees, and — critically — establishes documented policies that support termination decisions if things go wrong. Businesses without a handbook often find themselves at a significant disadvantage when a WDEA claim is filed.