Montana Employment Attorneys

At DearLegal, we connect you with experienced Montana employment attorneys who handle Wrongful Discharge from Employment Act (WDEA), Montana Human Rights Act, wage, and retaliation claims for workers across Billings, Missoula, Great Falls, Bozeman, and Helena.

Free to use — no fee unless you win
Matched with a Montana attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Montana employment case review

A Montana attorney will take a look. Or call 1-833-WELEGAL.

How we match your Montana employment case

When you submit a Montana employment matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A employment matter needs someone who handles employment work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Montana law, so it goes to an attorney licensed in Montana who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with an employment claim in Montana

Day 0
Something happens at work.
A firing, demotion, missed pay, harassment, retaliation. Write down dates, names and what was said, and save emails and pay stubs before access disappears.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Montana employment attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the record.
Personnel file, pay records, texts, witness accounts, the handbook. Employers keep meticulous files; you need one too.
Months 1–3
Demand, or an agency charge.
Many Montana employment claims start with a demand letter or a charge with the state agency or the EEOC. Your attorney picks the route that protects your deadlines.
Within 180 days
Suit is filed if it has to be.
Montana gives 180 days for this step. Missing it can end the claim before it starts.
Resolution
Settlement or judgment.
You pay nothing along the way. The fee — typically 33% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

State Anti-Discrimination Statute: Human Rights
Montana Human Rights Act, Mont. Code Ann. § 49-2-101 et seq. Protected: race, creed, religion, color, national origin, age, physical/mental disability, marital status, sex (incl. pregnancy), sexual orientation, gender identity (case-law/EO). Wrongful Discharge from Employment Act (§ 39-2-901) — non-at-will good-cause requirement.
Deadline to File Charge: 180 days
180 days to file with the Montana Human Rights Bureau (MHRB) under Mont. Code Ann. § 49-2-501. Work-share with EEOC. WDEA claims: 1 year from termination under § 39-2-911.
At-Will Doctrine: 12 months
NOT an at-will state. Montana is the only state where termination after the probationary period requires GOOD CAUSE (WDEA, Mont. Code Ann. § 39-2-904). Probationary period defaults to 12 months. WDEA also prohibits termination in retaliation for refusing to violate public policy.
Non-Compete Enforceability: Reasonableness test
Reasonableness test on time, geography, scope, and protectable interest. Montana courts have grown increasingly skeptical of non-competes. Many overbroad agreements rejected.
Minimum Wage & Overtime: $10.30
Montana minimum wage $10.30/hour (2024), adjusted annually under Mont. Code Ann. § 39-3-409. Overtime under § 39-3-405 and federal FLSA — 1.5x after 40 hours weekly. Montana has unusually strong final-pay statute (§ 39-3-205).
Typical attorney fee: 33%
33%–40% contingency — no fee unless you win

Montana is the ONLY non-at-will state in the country. The Wrongful Discharge from Employment Act (WDEA, Mont. Code Ann. § 39-2-901 et seq., effective 1987) requires that, after the probationary period (default 12 months unless otherwise set), an employer must have good cause for termination. WDEA also prohibits discharge in retaliation for refusing to violate public policy. The Montana Human Rights Act (Mont. Code Ann. § 49-2-101 et seq.) prohibits discrimination based on race, creed, religion, color, national origin, age (no minimum), physical or mental disability, marital status, sex (including pregnancy), sexual orientation (case-law and EO), and gender identity (case-law). Charges are filed with the Montana Human Rights Bureau (MHRB) within 180 days. Non-competes are evaluated under reasonableness; Montana courts have been increasingly skeptical. Montana minimum wage is $10.30/hour (2024). Montana has no state paid sick or family leave.

Exhibit B

When to call an employment attorney in Montana

Does any of this sound like you? Tap what applies.

Exhibit C

Employment cases we take in Montana

Which one is closest to yours?

WDEA wrongful discharge (good cause)

Mont. Code Ann. § 39-2-904(1)(b) — the centerpiece of Montana employment law. Employer must show good cause for termination after probation. Damages include lost wages, fringe benefits, and punitives.

Sound like yours? A Montana attorney reviews it free — no fee unless they win.

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Exhibit D

How much do Montana employment attorneys cost?

Sample settlement statement

Montana · Employment

Recovery$100,000

Attorney fee · 33%− $33,000

Case costs (advanced by firm)repaid at the end

To you$67,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Montana employment attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

Montana employment attorneys work on contingency or hybrid arrangements — typically 33%–40% of recovery. WDEA does not provide attorney fees, but MHRA and federal employment statutes shift attorney fees to the employer when the worker prevails. Montana's unique non-at-will framework under WDEA makes Montana employment claims fundamentally different — and often more valuable — than claims in any other state.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Montana employment compensation can include

A Montana employment recovery is built from several parts. Tap one to see what it covers.

Back Pay

Under WDEA: up to 4 years of lost wages and fringe benefits (Mont. Code Ann. § 39-2-905(1)).

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Montana employment questions, answered

Still unsure? Tell us what happened and a Montana attorney will review it for free.

Start free review

Yes — Montana is the ONLY non-at-will state in the country. Under the Wrongful Discharge from Employment Act (WDEA, Mont. Code Ann. § 39-2-901), after the probationary period (default 12 months), employers must have good cause to terminate. Good cause means "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."

Under WDEA (Mont. Code Ann. § 39-2-904), a discharge is wrongful if: (1) it was in retaliation for the employee's refusal to violate public policy, (2) the discharge was not for good cause and the employee had completed probation, or (3) the employer violated its own express written personnel policy. Damages include lost wages and fringe benefits, plus punitive damages in some cases.

1 year from the date of discharge under Mont. Code Ann. § 39-2-911. The WDEA also requires the employee to first exhaust the employer's internal grievance procedure, if one exists.

Race, creed, religion, color, national origin, age (no minimum), physical or mental disability, marital status, sex (including pregnancy), sexual orientation (recognized in case law and by executive order), and gender identity. Charges are filed with the Montana Human Rights Bureau within 180 days.

Sometimes. Montana applies a reasonableness test on time, geography, scope, and protectable interest. Montana courts have grown increasingly skeptical of overbroad non-competes.

Montana's minimum wage is $10.30/hour as of January 2024, with annual cost-of-living adjustments. Tipped employees receive the full minimum.

Not without legal review. WDEA gives Montana workers significantly more leverage than workers in any other state — the employer must show good cause for the termination, not just a non-discriminatory reason. Severance offers often dramatically undervalue WDEA claims.