Montana Employment Legal Questions

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11 legal questions have been posted about labor and employment by real users in Montana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.

Does a medical release notes has any bearing for returning to work?

Answered 12 years and 7 months ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
I know of no law that prohibits the employer from doing this. Having a doctors note and an injury does not protect your job they may still discharge you.
I know of no law that prohibits the employer from doing this. Having a doctors note and an injury does not protect your job they may still discharge... Read More

Does a medical release notes has any bearing for returning to work?

Answered 12 years and 7 months ago by Nathan James Wagner (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
Of course you are correct that the supervisor cannot tell the doctor how to do their job or what your medical needs really are. But the supervisor can say that the way the doctor's restrictions are written prevents you from doing your job. They can insist on a change in restrictions, but probably not a complete release of all restrictions. You can ask your doctor to release you from some or all of the restrictions. It's up to the doctor whether they will do it.... Read More
Of course you are correct that the supervisor cannot tell the doctor how to do their job or what your medical needs really are. But the supervisor... Read More

Does a medical release notes has any bearing for returning to work?

Answered 12 years and 7 months ago by attorney Charles H. Carpenter   |   4 Answers   |  Legal Topics: Employment
Charley Carpenter Carpenter Law Firm plc Missoula Montana 59802 406.543.0511.
Charley Carpenter Carpenter Law Firm plc Missoula Montana 59802 406.543.0511.

Does a medical release notes has any bearing for returning to work?

Answered 12 years and 7 months ago by Russell J. Thomas, Jr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
Insisting on a release with no restrictions is possibly illegal.
Insisting on a release with no restrictions is possibly illegal.

My employer sold a part of the business can I get compensation?

Answered 12 years and 9 months ago by attorney Charles H. Carpenter   |   1 Answer   |  Legal Topics: Employment
I do not see a claim for part of the sale proceeds, no. Sorry.
I do not see a claim for part of the sale proceeds, no. Sorry.

Is there a statute of limitations or do I have to pay back all this money within 30 days?

Answered 12 years and 9 months ago by Nathan James Wagner (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Employment
You probably have to pay back the money. It depends on the terms of the tuition reimbursement, but I would guess that it says you have to pay within 30 days to avoid paying interest or a penalty. The bigger issue is that you were denied a promotion because you are male, and your division manager admitted it. That sounds like gender discrimination, and you could bring a lawsuit against your company because of it.... Read More
You probably have to pay back the money. It depends on the terms of the tuition reimbursement, but I would guess that it says you have to pay within... Read More

If I was given a verbal guarantee that I will not lose my job, then half an hour later was told I was fired, what can I do?

Answered 12 years and 9 months ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
You have no recourse in Georgia. Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause.... Read More
You have no recourse in Georgia. Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written... Read More

If I am not promoted for 5 years can I sue for discrimination?

Answered 12 years and 9 months ago by William L. Sanders (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
Yes, you may sue, but you likely will not win.
Yes, you may sue, but you likely will not win.

What are my employment rights if I was fired because I am pregnant?

Answered 12 years and 9 months ago by Richard H. Wooster (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
Ask the employer to please put in writing the reason for your termination. They are required to give you a reason in writing under Washington law. Does the employer have 8 or more employees? If it does, file a complaint with the human rights commission.
Ask the employer to please put in writing the reason for your termination. They are required to give you a reason in writing under Washington law. ... Read More

Can an employer eliminate your job position if you are out due to an injury that is not work related but you had a doctors excuse?

Answered 13 years and 11 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The fact you suffered from an injury or illness does not prevent your employer from eliminating your job.  Laws which permit employees to have leave (whether FMLA, workers comp, state statutes, etc.) or policies which allow leave when an employee is ill or injured do not guarantee that the employee will either be returned to the same job or that the job will be held open indefinitely.  Employers are allowed to make business decisions regarding staffing.... Read More
The fact you suffered from an injury or illness does not prevent your employer from eliminating your job.  Laws which permit employees to have... Read More