Montana Wrongful Discharge

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Review “Montana: Wrongful Discharge from Employment Act” in Chapter 2. Please respond to the following:

Identify the parts of this law that appear to benefit employees.

❖ An employer can only discharge an employee for a good cause. ❖ Employees can’t be discharged for reporting a public policy violation. ❖ Employees can’t be discharged for reporting employer’s violation of employer’s own written personnel policy. ❖ If employer commits wrongful discharged, employee may be awarded lost wages and fringe benefits up to 4 years from discharge date, and employee may also seek punitive damages.

Identify the parts of this law that appear to benefit employers.

❖ Employee can be discharged for good cause and as long as the employer can prove that employee was let go of good cause, employer will win the case. ❖ Employer can let go of an employee for insufficient work performance although employee may have received bad training from employer. 

The state laws protecting whistleblowers vary enormously, but none of them protect whistleblowers who turn to the media first.

Discuss why you think this is so.
Explain why it either encourages or discourages ethical behavior.

I believe state laws do not protect whistleblowers if they turn to the media first because employees should first try to resolve the issue with a manager or manager’s manager.  By turning to the media first, they fail their obligation as loyal employees and also the duty to care. Employees should follow the correct procedures for reporting violations. If the employee is afraid of retaliation, most companies now have anonymous line mainly for reporting such concerns. I believe that this encourages ethical behavior because it prevents an employee from acquiring his/her 15 minutes of fame by going to the media first and helps focuses the employee on using the proper channels in reporting any concerns.

Halbert, T. and Ingulli, E. (2009).  Law and ethics in...
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