. . . one state – alone among all other of the 50 states in the U.S. – eliminated the “at will” presumption in employment: Montana.

In 1987 the Montana legislature enacted the “Montana Wrongful Discharge From Employment Act,” known as WDEA, which provides a legal basis for employees to sue their employers if they believe their employment was terminated without good cause.

The Montana WDEA prohibits firing an employee for other than good cause after a designated probationary period, and gives the employee the legal right to challenge his or her termination in Court or before an arbitrator.

The law limits damages that an employee can be awarded for a violation of the law to four years of salary and benefits, with interest.

The history of the law is enlightening: in general, Montana employers actually supported its passage. They voiced support for its limitations on damages, and expressed little concern for the need to be honest when firing
someone.

The WDEA law has been in effect for 24 years now. Last I heard things are pretty good in Montana: their unemployment rate is lower than most states. This seems to suggest that elimination of the presumption of “at will” employment will not inevitably lead to the downfall of civilization as we know it.

Indeed, giving employees a legal platform upon which to question seemingly unfair firings might just improve civilization as we know it.

Other state legislatures: take notice.

© 2011 Alan L. Sklover All Rights Reserved. Commercial Use Prohibited.