Wrongful Termination in Montana (2026): Laws, Deadlines, How to File

Montana is the one state where most private and public employees cannot be fired without a reason once they finish probation. The Wrongful Discharge from Employment Act (WDEA), MCA 39-2-901 to 39-2-915, makes a discharge wrongful if it was not for good cause after the probationary period, if it retaliated for refusing to violate or for reporting a violation of public policy, if it broke the employer's own written personnel policy, or if it rested solely on the employee's legal free speech (MCA 39-2-904(1)).

The WDEA is also the exclusive remedy for most firings: outside it, "no claim for discharge may arise from tort or express or implied contract" (MCA 39-2-913). Discrimination firings follow a separate route under the Montana Human Rights Act. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Montana law on firing employees: the Wrongful Discharge from Employment Act (MCA 39-2-901 to 39-2-915), the Montana Human Rights Act (MCA Title 49, chapter 2), the reason-for-discharge statute (MCA 39-2-801) and narrower Montana firing protections, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Montana severance pay laws.

Is Montana an at-will state?

Only during probation. During the probationary period, "the employment may be terminated at the will of either the employer or the employee on notice to the other for any reason or for no reason" (MCA 39-2-904(2)). After probation, the WDEA requires good cause. For how this compares with the at-will rule elsewhere, see Montana at-will employment laws.

The WDEA applies to anyone who "works for another for hire," in private and public jobs, but not to independent contractors (MCA 39-2-903(3)).

The Wrongful Discharge from Employment Act

The four grounds for a wrongful discharge

MCA 39-2-904(1) says a discharge is wrongful only if:

• (a) Public-policy retaliation: "it was in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy";
• (b) No good cause: "the discharge was not for good cause and the employee had completed the employer's probationary period of employment";
• (c) Broken personnel policy: "the employer materially violated an express provision of its own written personnel policy prior to the discharge, and the violation deprived the employee of a fair and reasonable opportunity to remain in a position of employment"; or
• (d) Free speech: "the employer terminated the employee solely based on the employee's legal expression of free speech, including but not limited to statements made on social media."

Ground (d) was added by Chapter 361, Laws of 2023. Grounds (a), (c) and (d) do not depend on finishing probation; only the good-cause ground (b) does.

"Public policy" means "a policy in effect at the time of the discharge concerning the public health, safety, or welfare established by constitutional provision, statute, or administrative rule" (MCA 39-2-903(8)). A policy found only in court decisions does not fit that definition.

What counts as good cause

Good cause means "any reasonable job-related grounds for an employee's dismissal" based on (MCA 39-2-903(5)):

• the employee's failure to satisfactorily perform job duties;
• the employee's disruption of the employer's operation;
• the employee's material or repeated violation of an express provision of the employer's written policies; or
• "other legitimate business reasons determined by the employer while exercising the employer's reasonable business judgment."

Legal use of a lawful product off the employer's premises during nonworking hours is not a legitimate business reason unless an exception in MCA 39-2-313(3) or (4) applies. For managers and supervisors, "The employer has the broadest discretion when making a decision to discharge any managerial or supervisory employee" (MCA 39-2-904(3)).

A "discharge" under the Act includes a constructive discharge and any other termination of employment, including resignation, elimination of the job, layoff for lack of work, failure to recall or rehire, and any other cutback in the number of employees for a legitimate business reason (MCA 39-2-903(2)).

The probationary period

Chapter 117, Laws of 2021, added MCA 39-2-910, which sets these rules:

• If the employer does not set a specific probationary period, or provide that there is none, "prior to or at the time the employee begins work," the probationary period is 12 months from the start date.
• The employer may extend the period before it expires, but the original period plus extensions may not exceed 18 months.
• A leave of absence (more than 5 consecutive working days for any reason other than holidays and vacations, MCA 39-2-903(6)) does not count toward the period unless the employer chooses to include it.

Whether someone had finished probation can decide a case. In Pope v. Montana Department of Corrections, 2026 MT 94, a case involving a union-covered nurse and a collective bargaining agreement, the Montana Supreme Court, according to its published summary, reversed summary judgment because her probationary status was a disputed fact.

Who the WDEA does not cover

MCA 39-2-912(1) says the Act does not apply to:

• a discharge "subject to any other state or federal statute that provides a procedure or remedy for contesting the dispute," including statutes that bar firing someone for filing complaints or claims with administrative bodies, and discrimination statutes covering race, national origin, sex (as defined in MCA 1-1-209), age, disability, creed, religion, political belief, color, marital status "and other similar grounds"; or
• an employee "covered by a written collective bargaining agreement or a written contract of employment for a specific term."

A specific-term contract may include a probationary period and an automatic renewal clause (MCA 39-2-912(2)). In Fowler v. Department of Justice, 2024 MT 24, according to the court's published summary, a state trooper's WDEA constructive-discharge claim was barred under MCA 39-2-912(1)(b) because a collective bargaining agreement covered him and he had not exhausted its grievance procedures.

The WDEA replaces tort and contract claims

MCA 39-2-902 makes the part "the exclusive remedy for a wrongful discharge from employment," except as MCA 39-2-912 provides, and MCA 39-2-913 bars any claim for discharge "from tort or express or implied contract" outside the Act. So a Montana handbook promise is enforced through ground (c), the written-personnel-policy ground, and not as a separate implied-contract or good-faith claim.

Internal appeal procedures come first

If an employer "maintains written internal procedures" to appeal a discharge, the employee "shall first exhaust those procedures prior to filing an action," and failing to start or finish them is a defense (MCA 39-2-911(2)). Three limits protect the employee:

• 14-day notice: the employer must notify the discharged employee in writing or electronically of the procedures within 14 days of the discharge. If it does not, the employee "need not comply with subsection (2)" (MCA 39-2-911(3)).
• 90 days: if the procedures are not finished within 90 days after the employee starts them, the employee may sue and the procedures are treated as exhausted (MCA 39-2-911(2)).
• Tolling: "The limitation period in subsection (1) is tolled until the procedures are exhausted." The statute adds: "In no case may the provisions of the employer's internal procedures extend the limitation period in subsection (1) more than 120 days" (MCA 39-2-911(2)). In Shepherd v. State ex rel. Department of Corrections, 2021 MT 70, the Montana Supreme Court read that last sentence as a limit on the written terms of the procedures, not on the tolling, and counted the whole time from the start of the grievance until the procedures were exhausted. Filing as early as possible is still the safest course.

In Hathaway v. Zoot Enterprises, Inc., 2021 MT 292, according to the court's summary, handing the fired employee a copy of the internal grievance procedure was sufficient notice. In Shepherd, the limitation period was tolled from the day the employee started the grievance procedure until the final administrative decision. The 2021 amendments changed the notice rule in MCA 39-2-911(3) from 7 days to 14 days; the tolling sentences Shepherd interpreted are unchanged.

Deadline to sue under the WDEA

"An action under this part must be filed within 1 year after the date of discharge" (MCA 39-2-911(1)). Service of process must be made within 6 months after the complaint is filed, or the court dismisses the case without prejudice and whatever remains of the one-year period resumes (MCA 39-2-911(4)).

What a court can award under the WDEA

MCA 39-2-905 limits recovery to:

• lost wages and fringe benefits for a period "not to exceed 4 years from the date of discharge," plus interest, reduced by interim earnings from new work that did not exist at the time of discharge (including what the employee could have earned with reasonable diligence from that work), after deducting reasonable job-search and relocation costs (MCA 39-2-905(1));
• with unemployment compensation, early-retirement pay and other payments related to the discharge deducted before judgment (MCA 39-2-905(2)); and
• punitive damages only on clear and convincing evidence of actual fraud or actual malice, and only for a public-policy discharge under MCA 39-2-904(1)(a) (MCA 39-2-905(3)).

No other damages are available, including for pain and suffering, emotional distress or compensatory damages (MCA 39-2-905(4)). In Meech v. Hillhaven West, Inc., 238 Mont. 21, 776 P.2d 488 (1989), the Montana Supreme Court held that the Act's bar on noneconomic damages and limit on punitive damages did not violate the "full legal redress" guarantee in Article II, section 16 of the Montana Constitution. That case considered the 1987 version of the damages section, which has since been amended.

Failure to look for other work is the employer's defense to prove: in Timpano v. Central Montana District Six Human Resources Development Council, 2022 MT 169, according to the court's summary, the employer had to show that comparable employment was timely available. For benefits while you look for work, see Montana unemployment benefits.

Offers to arbitrate and attorney fees

Either side may make a written offer to arbitrate under MCA 39-2-914. If a complaint has been filed, the offer must be made within 60 days after service of the complaint and accepted in writing within 30 days after the offer. An accepted offer makes arbitration the exclusive remedy, with a neutral arbitrator bound by the WDEA. A discharged employee who makes an accepted offer and prevails has the arbitrator's fee and all arbitration costs paid by the employer.

A party whose valid offer to arbitrate is refused, and who then prevails in court, is entitled to reasonable attorney fees incurred after the offer (MCA 39-2-915). The WDEA text contains no other attorney-fee provision.

Constructive discharge

Quitting can count as a discharge. MCA 39-2-903(1) defines constructive discharge as "the voluntary termination of employment by an employee because of a situation created by an act or omission of the employer which an objective, reasonable person would find so intolerable that voluntary termination is the only reasonable alternative." It "does not mean voluntary termination because of an employer's refusal to promote the employee or improve wages, responsibilities, or other terms and conditions of employment."

Discrimination firings: the Montana Human Rights Act

Discrimination firings are outside the WDEA (MCA 39-2-912(1)(a)) and go under the Montana Human Rights Act.

Who is covered. An "employer" is an employer of one or more persons, excluding a fraternal, charitable or religious association or corporation not organized for private profit or to provide services available on a nonmembership basis (MCA 49-2-101(11)). The Human Rights Bureau says "Anyone who hires one or more persons is subject to the Montana Human Rights Act."

Protected classes. MCA 49-2-303(1)(a) bars discharge "because of race, creed, religion, color, or national origin or because of age, physical or mental disability, marital status, or sex when the reasonable demands of the position do not require an age, physical or mental disability, marital status, or sex distinction." The Bureau's page also lists political belief (in government employment), vaccination status (MCA 49-2-312) and retaliation (MCA 49-2-301).

Pregnancy. MCA 49-2-310 makes it unlawful to terminate a woman's employment because of her pregnancy or to refuse her a reasonable leave of absence for pregnancy, and MCA 49-2-311 gives reinstatement rights after that leave.

Sexual orientation and gender identity. The Act's text does not list them. Chapter 778, Laws of 2025 (Senate Bill 437 of the 2025 session, signed by the governor on March 24, 2026), enacted MCA 1-1-209, which defines sex as male or female and says "gender identity" may not be considered a synonym or substitute for sex; the Act now uses that definition (MCA 49-2-101(21)). The governor's office said on March 31, 2026 that a group had sued to halt the law; this page found no ruling. The Human Rights Bureau's main page lists "Sex (including pregnancy, maternity, sexual harassment, sexual orientation)" among the classes it investigates; it does not mention gender identity. Anyone unsure should file within the 180-day deadline. Federal law does cover them: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII," which covers employers with 15 or more employees (42 U.S.C. 2000e(b)). The EEOC charge deadline in Montana is 300 days (see below).

The complaint is required and exclusive

The Act's procedures "establish the exclusive remedy" for acts that violate it, including acts that may also violate the discrimination provisions of Article II, section 4 of the Montana Constitution (MCA 49-2-512(1)). A complaint "must be filed with the department within 180 days after the alleged unlawful discriminatory practice occurred or was discovered" (MCA 49-2-501(4)(a)), and a late complaint is dismissed (MCA 49-2-501(5)).

If you first pursued a grievance under a collective bargaining agreement, contract or written rule or policy, you may file within 180 days after the grievance ends if it ends within 120 days; if it does not, you have 300 days after the practice occurred or was discovered (MCA 49-2-501(4)(b)).

After the complaint

The department must decide within 180 days of filing whether there is reasonable cause (MCA 49-2-504(7)(a)).

• No reasonable cause: you may file objections with the Human Rights Commission within 14 days (MCA 49-2-511(1)), or go to district court. Within 90 days after the department's notice of dismissal, or after the commission affirms the dismissal, you may sue; "If the charging party fails to commence the civil action in the district court within 90 days after the final agency decision has been issued, the claim is barred" (MCA 49-2-511(3)(a)).
• Reasonable cause: the case moves to conciliation and then a contested-case hearing (MCA 49-2-504(7)(c), 49-2-505), not directly to court.
• Other dismissals: the same 90-day window applies after a dismissal because 12 months passed without a hearing, or because the charging party did not keep the department advised of an address (MCA 49-2-512(3)).

What the Human Rights Act can award

An administrative order may "require any reasonable measure to correct the discriminatory practice and to rectify any harm, pecuniary or otherwise," but "may not require the payment of punitive damages" (MCA 49-2-506). In district court, "The court may provide the same relief as described in 49-2-506" and may allow the prevailing party reasonable attorney fees and costs (MCA 49-2-511(3)(a)). Because the court may give "the same relief as described in 49-2-506," and that section bars punitive damages except in housing cases (MCA 49-2-506(2), 49-2-510), punitive damages are not available on an employment claim under these sections. The statutes set no dollar cap on other relief.

Other Montana firing protections

• Workers' compensation claims: "An employer may not use as grounds for terminating a worker the filing of a claim under this chapter," and the district court has exclusive jurisdiction over disputes about the grounds for termination (MCA 39-71-317). The section states no filing deadline, and our research did not settle how it interacts with the WDEA's one-year rule. It also gives an injured worker released to return to work within 2 years a preference for a comparable open position with the same employer. For benefits, see Montana workers' compensation laws.
• Off-duty use of lawful products, including marijuana: MCA 39-2-313 bars discrimination for legal use of a lawful product off the employer's premises during nonworking hours, with exceptions such as use that affects the ability to perform the job or safety, a bona fide occupational qualification, and action under an established substance-abuse or alcohol program, policy, contract or collective bargaining agreement. The employee must start any available internal grievance procedure within 120 days of the violation and may sue within 1 year; the court may order any reasonable measure to correct the practice and rectify the harm and may award reasonable fees to the prevailing party (MCA 39-2-314).
• Wage garnishment: "No employer shall discharge or lay off an employee because of attachment or garnishment served on the employer against the wages of the employee" (MCA 39-2-302).
• Vaccination status: MCA 49-2-312 bars discrimination in employment based on vaccination status or an immunity passport; complaints follow the Human Rights Act's 180-day rule.
• Military service: MCA 10-1-1009 gives state and local government employees with 6 months' service up to 120 hours of paid military leave. Federal USERRA bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)).
• National Guard service: the Montana Military Service Employment Rights Act covers public and private employers. It bars denying retention or any benefit of employment because of membership in the National Guard of Montana or any other state (MCA 10-1-1003(3), 10-1-1005). A member ordered to state military duty is entitled to leave and to return with the same seniority, status and pay, subject to listed exceptions and return deadlines (MCA 10-1-1006, 10-1-1007). A complaint to the Department of Labor and Industry must be filed within 15 days after the member discovers the practice (MCA 10-1-1015). A lawsuit may be brought within 3 years, but a member who files with the department must finish that process first (MCA 10-1-1019, 10-1-1020). Willful violations can bring treble damages (MCA 10-1-1021).
• Volunteer firefighters and EMTs: an employer may not fire an employee who has finished probation because the employee serves as a volunteer emergency services provider or joined a volunteer emergency unit, such as a volunteer fire department. After written notice of the service (within 30 days of hire or of joining), the employer also may not fire the employee for being absent or late while performing volunteer emergency duties during an emergency, if the employee notified the employer as soon as possible. The claim is brought under the WDEA within 1 year after the firing (MCA 39-2-308, enacted by Chapter 135, Laws of 2025).
• Social media: an employer may not fire an employee for refusing a request for personal social media access that the statute forbids. It also may not fire an employee for legal free speech on personal social media, unless the speech violates a written employer policy or the employment contract. The claim goes to small claims court within 1 year, with damages limited to $500 or actual damages up to the small-claims limit (MCA 39-2-307).
• Missoula city ordinance: Missoula bans employment discrimination by employers of one or more persons based on sexual orientation and gender identity or expression, among other grounds. Discrimination that state law specifically addresses goes to the Montana Department of Labor and Industry. Relief under the ordinance must be sought within 180 days of the last violation, or 180 days after a grievance ends (300 days if a grievance is not completed within 120 days) (Missoula Municipal Code 9.64.030, 9.64.090).

Our research did not locate Montana statutes protecting private employees from firing for jury duty, taking time off to vote or making a wage complaint. Where a constitutional provision, statute or administrative rule supplies the policy, a firing on those grounds may fit the WDEA's public-policy ground. Our research did not review other city ordinances.

Whistleblowing

Our research did not locate a general private-sector whistleblower statute in Montana. One narrower statute reaches private employers: the Montana False Claims Act bars firing an employee for disclosing information about false claims against a governmental entity to a government or law enforcement agency, or for lawful acts in furtherance of a false-claims action. It allows reinstatement, two times back pay, interest, special damages and attorney fees, in a suit filed within 3 years after the retaliation (MCA 17-8-412). The main general protection is the WDEA's public-policy ground, which covers a discharge "for reporting a violation of public policy" (MCA 39-2-904(1)(a)) and carries the one-year deadline. For more, see Montana whistleblower laws.

Your right to a written reason for the firing

After a discharge, the employer must, "on the discharged employee's demand," furnish a written statement of reasons for the discharge (MCA 39-2-801(1)). The written demand "must advise the person who discharged the employee of the possibility that the statements may be used in litigation" (MCA 39-2-801(2)). If the employer refuses within a reasonable time, it may not give any statement of the reasons to others, except as subsection (3) allows, and may not blacklist the employee. The employer may modify its response later, and failing to respond does not limit its ability to present a full defense (MCA 39-2-801(3)). No deadline for the demand is stated.

In Smith v. Charter Communications, 2023 MT 92, the Montana Supreme Court, answering a question from the Ninth Circuit, said according to its published summary that the 1999 amendment to MCA 39-2-801 did not supersede Galbreath v. Golden Sunlight Mines, 270 Mont. 19, 890 P.2d 382, which concerns reasons an employer did not give in the discharge letter. The summary says that holding rests on the Montana Rules of Evidence.

Blacklisting a former employee by word or writing makes the employer liable for punitive damages in a civil action, though a truthful statement of the reason for discharge to a prospective employer is allowed (MCA 39-2-802). A violation of this part is a misdemeanor (MCA 39-2-804).

Our research did not locate a Montana statute giving private employees access to their personnel files.

Wrongful termination deadlines in Montana

Montana's general limitations periods for contracts (5 years if not in writing, 6 years if in writing, MCA 27-2-202) and for torts (3 years, MCA 27-2-204(1)) do not help with a firing, because MCA 39-2-913 bars tort and contract claims for discharge outside the WDEA.

On the federal deadline, the EEOC's San Francisco District Office and Seattle Field Office both say an individual in Montana has "300 days from the date of alleged harm to file a charge" against an employer with 15 or more employees, and 300 days for age claims against an employer with 20 or more. For smaller employers, both pages point to the state agency; under Montana law the complaint is due within 180 days (MCA 49-2-501(4)(a)).

Where to file in Montana

• WDEA claims: directly in district court, after any required internal appeal (MCA 39-2-911). No agency handles them.
• Human Rights Act claims: the Montana Department of Labor and Industry, Human Rights Bureau, (406) 444-6543, P.O. Box 8011, Helena, MT 59604. The Bureau says a complaint may be "dually filed" with the EEOC.
• Federal discrimination claims: the EEOC, through its Public Portal or at 1-800-669-4000 when a deadline is near. The EEOC says a charge filed with either the EEOC or a state agency it works with is automatically filed with the other.

Federal Title VII and the ADA cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)); the wrongful termination guide has the tiers.

Practical steps after a firing in Montana

Write down the date you were fired, who told you and the reason given, and keep the termination notice, reviews, the handbook and any written personnel policies. Check your start date and any probation notice, because the good-cause rule depends on finishing probation (MCA 39-2-910). Watch for a written or emailed notice of internal appeal procedures within 14 days; if you get one, start the procedure promptly, since the one-year clock is tolled only while the procedure runs. Consider sending a written demand for the reasons for your discharge under MCA 39-2-801, with the litigation warning the statute requires.

If the employer offers money in exchange for a release, read it before signing: a release can give up the claims described here. Our Montana severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes

• Chapter 778, Laws of 2025 (Senate Bill 437, signed March 24, 2026): enacted MCA 1-1-209 defining sex, now used by the Human Rights Act (MCA 49-2-101(21)), and conformed the WDEA exemption in MCA 39-2-912(1)(a) to "sex, as defined in 1-1-209."
• Chapter 361, Laws of 2023: added the free-speech ground, MCA 39-2-904(1)(d).
• Chapter 135, Laws of 2025: enacted MCA 39-2-308, protecting volunteer emergency services providers from firing.
• Chapter 117, Laws of 2021: added the probationary-period rules in MCA 39-2-910, changed the internal-procedure notice in MCA 39-2-911(3) from 7 to 14 days and allowed electronic notice, and limited the interim-earnings offset in MCA 39-2-905(1) to earnings from work that did not exist at the time of discharge.

Montana's Legislature meets in odd-numbered years; our research could not check for 2027 bills affecting the WDEA or the Human Rights Act.

Related

• Wrongful termination laws by state
• Montana at-will employment laws
• Montana whistleblower laws
• Montana unemployment benefits
• Montana severance pay laws

Disclaimer: This article provides general legal information about Montana wrongful discharge law (the Wrongful Discharge from Employment Act, the Montana Human Rights Act, MCA 39-2-801 and related statutes) and the federal laws that apply in Montana. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Montana Human Rights Bureau, the EEOC, a legal aid office or a lawyer licensed in Montana.

Last updated: October 10, 2026.

Frequently Asked Questions

Is Montana an at-will employment state?

Only during the probationary period. After probation, the Wrongful Discharge from Employment Act makes a discharge wrongful if it was not for good cause (MCA 39-2-904(1)(b)); during probation, either side may end the job for any reason or no reason (MCA 39-2-904(2)).

How long do I have to sue for wrongful discharge in Montana?

An action under the WDEA must be filed within 1 year after the date of discharge (MCA 39-2-911(1)). Required internal appeal procedures toll that clock until they are exhausted (MCA 39-2-911(2)); the Montana Supreme Court applied that tolling to the whole grievance in Shepherd v. State ex rel. Department of Corrections, 2021 MT 70.

What counts as good cause to fire someone in Montana?

MCA 39-2-903(5) defines good cause as reasonable job-related grounds based on poor job performance, disruption of the employer's operation, material or repeated violation of an express written policy, or other legitimate business reasons the employer determines using reasonable business judgment.

How long is the probationary period in Montana?

If the employer did not set a specific period, or say there is none, before or when you started, it is 12 months from your start date. An employer may extend it before it expires, but never beyond 18 months in total (MCA 39-2-910).

Can I get emotional distress damages for wrongful discharge in Montana?

Not under the WDEA. MCA 39-2-905(4) bars damages for pain and suffering, emotional distress and compensatory damages; recovery is limited to up to 4 years of lost wages and fringe benefits plus interest, and punitive damages only for actual fraud or actual malice on a public-policy retaliation claim.

Do I have to file a discrimination complaint before suing in Montana?

Yes. The Montana Human Rights Act is the exclusive remedy for discrimination it covers (MCA 49-2-512(1)), and a complaint must be filed with the Department of Labor and Industry within 180 days (MCA 49-2-501(4)(a)). After a final dismissal you have 90 days to sue in district court (MCA 49-2-511(3)(a)).

Can I be fired for being gay or transgender in Montana?

The Montana Human Rights Act does not list sexual orientation or gender identity, and since March 2026 it defines sex by reference to MCA 1-1-209. The Human Rights Bureau lists sexual orientation under sex among the classes it investigates, but does not mention gender identity; anyone unsure should file with the Bureau within 180 days. Federal law does reach these firings: in Bostock v. Clayton County (2020), the U.S. Supreme Court held that firing someone for being gay or transgender violates Title VII, which covers employers with 15 or more employees; the EEOC charge deadline in Montana is 300 days.

Does my employer have to tell me why I was fired in Montana?

Yes, on demand. MCA 39-2-801 requires a written statement of the reasons for discharge when the discharged employee asks for one in writing, and the demand must warn that the statement may be used in litigation.

Can I be fired for quitting because conditions were intolerable?

A constructive discharge counts as a discharge under the WDEA when an objective, reasonable person would find the situation the employer created so intolerable that quitting was the only reasonable alternative; a refusal to promote or raise pay does not qualify (MCA 39-2-903(1), (2)).