Labor & Employment Attorney in Billings, MT

• Wage and Hour Issues
• Disability, Accommodations, and Leaves of Absence
• Discrimination, Harassment, and Retaliation
• Employee Handbooks
• Employment Contracts, Non-Compete Agreements, Severance Agreements, Trade Secrets and Non-Disclosure Agreements
• HR Counseling, Compliance, and Risk Management
• Hiring and Termination Decisions
• Discipline
• Performance Evaluations
• Reductions in Force
• Wrongful Discharge
• Labor-Management Relations
• Arbitration
• Collective Bargaining
• Representation Elections
• Unfair Labor Practice Charges
• Unit Determinations
• Workplace Investigations and Audits
• Worker’s Compensation
  

Representative Cases in which one of our attorneys served as lead counsel include:

• Defending a national distribution company in a wrongful discharge and discrimination case involving claims for $900,000 in actual and punitive damages. After a five-day jury trial in federal court, the jury returned a complete verdict for the defense.
• Defending a mining client in a wrongful discharge case involving claims for both actual damages and punitive damages. After briefing on the employer’s motion for summary judgment, the case was settled on favorable terms.
• Representing a mining client in a significant pregnancy discrimination charge before the Montana Human Rights Bureau, involving issues of pregnancy discrimination that had not previously been addressed under Montana law.
• Defending several FLSA collective action cases in Montana involving allegations of failure to pay overtime.
• Representing clients in responding to government investigations, including leading a company through a MSHA fatality investigation and another company though a DOT third-party fatality investigation.
• Representing a city in a unit clarification proceeding against its firefighters’ union. The case changed the way the Montana Board of Personnel Appeals applies the Montana Collective Bargaining Act.
• Representing clients in negotiating Collective Bargaining Agreements with unions.
• Counseling employers on union organizing campaigns and elections under the NLRB’s quickie election rules.

Labor And Employment FAQs

When Can an Employee Sue an Employer?

An employee has the right to sue their employer if that employer has acted illegally in a way that harmed the employee. This could be the result of wrongful termination, discrimination, creating a hostile work environment, failing to properly pay wages, and many other actions.

Speaking to a labor laws attorney should be the first step in such an event. While there are some cut-and-dry civil cases against employers, typically the specifics of the situation are very important. Having the right representation can help you to secure the ideal outcome.

What Counts as a Wrongful Termination?

Wrongful termination is when an employee has been let go for reasons that are illegal or that violate public or company policy. This may include termination due to race, sex, religion, or another protected class. It can also include termination in retaliation for “blowing the whistle” or trying to unionize. There are quite a few ways that a termination can be wrongful, and an employment rights lawyer can help you determine whether your situation is such an example.

However, it is important to note that many states are “at-will” employment states. This means that employers are allowed to let employees go without giving a reason. Even if you are in an “at-will” state, there are likely some specific exceptions to the general rule.

Is Montana an “At-Will” State?

No, Montana is the only state in the union that doesn’t have “at-will” employment. In general, if an employee has completed an initial probationary period, he or she cannot be terminated without good cause, which must be stated. However, there are some exceptions to this, which a labor laws attorney can help you to understand.

What Happens When an Employer Fails To Pay an Employee?

It is illegal for an employer not to pay every employee the full amount owed according to the employee’s contract, which must at least equal the highest relevant minimum wage amount. Therefore, an employee who hasn’t been paid may either sue the employer in court or file a complaint with the state. If you are involved in such a situation, speak with a labor disputes attorney to understand your rights and options fully.

Which Employees Qualify for Overtime Wages?

In Montana, employees are generally entitled to be paid at least time-and-one-half of their regular pay rate for any time worked beyond 40 hours in a seven-day workweek. Some employers may also have overtime policies that exceed this minimum.

Certain employees are exempt from overtime, however. For example, agricultural workers are typically exempt from overtime pay requirements (although they still need to be paid for their time). Executives, professionals, and administrators who are paid salaries, as well as outside salespeople, are also exempt from overtime.

What is a Hostile Work Environment?

A hostile work environment is one in which one or more representatives of a business make unwelcome comments, advances, or otherwise make an employee feel intimidated, threatened, or uncomfortable in any way that negatively impacts that employee at work. Typically, this term refers to conduct that is pervasive or severe. A single unwelcome comment may not always constitute a hostile work environment, while a pattern of behavior often will.

This is a highly nuanced and complex area of labor law. If you are concerned about a hostile work environment, speak with a labor laws attorney to get advice specific to your situation.

Can an Employee Refuse To Return to Work During the COVID-19 Pandemic?

According to the Occupational Safety and Health Administration, employers can require their employees to return to work once it can open in accordance with state and local regulations. However, all employees have a right to a safe work environment, including appropriate protection from diseases such as COVID-19. In some cases, employees may be able to use FMLA leave after exposure. An attorney can help you understand your rights as a worker or employer.

What Should I Do if an Employee Sues My Business or Files a Complaint?

Should an employee sue your business or file a complaint alleging a labor law violation, you should immediately retain a labor disputes attorney. Although labor laws are designed to protect employees, they are not intended to be unfair to employers. You have a right to defend yourself. Your attorney can guide you through this process. RMK Law Firm has represented some of the largest employers in Billings and the rest of Montana in various labor disputes.

Trusted Employment Lawyers in Billings, MT

If you believe your employer has acted illegally in a manner that has materially harmed you, contact an employment rights lawyer. You may be able to bring a civil lawsuit against the employer or file a complaint with the state. However, you will likely need the help of a lawyer to determine the right path forward for your unique situation. Call RMK Law Firm in Billings, MT at 406-413-9229 to learn more.