Quick Facts — Employment Contract Lawyers

What is a Montana Employment Contract?

Montana employment contracts are legally binding agreements created between an employer and a new employee hired for a specific job or position. Employment contracts outline important terms of the employment relationship like:

  • The employees title and job duties
  • Compensation, pay schedules, bonuses, and commission
  • Benefits
  • Company policy
  • Reasons for termination
  • Restrictive covenants to protect the business’s interests

The purpose of an employment contract is to protect both parties and ensure a mutually beneficial business relationship. More information about employment contracts and labor laws can be found in Title 39 of Montana’s Code.

Are Employment Contracts Enforceable in Montana?

Employment contracts that outline the terms and conditions of an employee’s job, salary, and reasons for termination are enforceable in Montana and subject to the state’s contract laws.

Restrictive covenants like the commonly used non-compete agreement, are subject to more stringent laws. The state disfavors non-compete clauses and Courts will view the contract in a light most favorable to the employee. This means that to be enforced, non-competes must be reasonable and cannot interfere with an employee’s right to work and earn a living.

What Are the Legal Requirements for Montana Employment Contracts?

Montana does not require employment contracts to be in writing. Oral employment contracts that contain all elements of a legal contract like offer, acceptance, and consideration can be upheld in court if a party can prove the terms of the contract were agreed upon.

Types of Montana Employment Contracts

There are several types of employment contracts that may be used by an employer in Montana. The three most common types of employment contracts include:

  • Permanent employment contract. Used by a company to hire a permanent employee with regular hours and compensation.
  • Fixed term employment contract. Used when hiring employees who will only work for a specific period or to complete a specific job.
  • Contractor agreement. Used when a company hires a worker to complete a job but the worker is not an employee of the company.

Frequently Asked Questions

How do I hire a lawyer to draft an employment contract in Montana?
How much does it cost to hire a lawyer to review an employment contract in Montana?

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California Employment Contract Review Review
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Zachary D. on ContractsCounsel
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Niki Z.

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18 Yrs Experience
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With more than 20 years of nonprofit, small business, and government experience, Niki can assist you on a wide range of legal issues, including creating new entities and avoiding compliance pitfalls.

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Tim B.

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Attorney Tim Baldwin is the founder of Property Management Law Solutions, PLLC, a Florida law firm that specializes in representing landlords, property owners, apartments, and property management companies in a variety of property related legal matters, like evictions, security deposit disputes, fair housing matters, civil defense, damages actions, risk mitigation, partition, code violation, lease enforcement, and other real property litigation. Starting as a prosecutor from 2004 to 2006, Tim Baldwin gained invaluable experience as a courtroom litigator and to date has tried nearly 60 jury trials. When he opened his law practice in 2006, Tim focused his law practice on helping landlords in the Florida Panhandle. Since then, Tim Baldwin has expanded his law practice across Florida and become known as one of the premier Florida attorneys in landlord and property law. Tim regularly speaks at events for real estate groups, such as apartment and property management associations and real estate investment groups. Tim also hosts his own podcast, Property Management Law Solutions Podcast, where he discusses a wide range of landlord and property management related topics, and is frequently asked to be a guest on other podcasts nationwide.

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Calvin Nyo is an accomplished, driven, personable attorney in the state of California. Clients who work with Calvin know they can rely on him to be punctual, accountable and to work diligently on their behalf. Calvin received his Juris Doctor from the California Western State of Law (CWSL) in San Diego, California with honors, Cum Laude in 2023. Calvin has over 10 years of experience in the Automotive industry managing sales, contract negotiation, and business engagements. In addition, Calvin has had the invaluable experience of working for the Department of Child Support Services. Broadening his areas of practice to include child support and family law generally. Calvin’s professional background in both sales and child support uniquely equips him to see and support the individualized needs of you and your business with a keen eye. Outside of his legal work, Calvin is a Army National Guard Veteran who enjoys cooking, surfing, and camping in his free time.

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Asked on Apr 12, 2023

What's vacation time in an employment contract?

I recently accepted a new job and I was provided an employment contract to review. In the contract, there is a section about vacation time, but it is not very clear. I'm trying to understand what vacation time is included in the contract and what the expectations are for taking time off. I want to make sure I have a clear understanding of my rights and responsibilities regarding vacation time before I sign the contract.

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Asked on Apr 18, 2023

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I recently accepted a job offer with a new company and I was given an employment contract to sign. I was looking through the contract and noticed that it mentions something about a termination notice. I'm not sure what this means or how it applies to my employment, so I wanted to ask a lawyer to get a better understanding of this clause.

Ryan D.

Answered May 30, 2023

A termination notice is a provision in an employment contract that specifies the amount of notice an employer must give an employee if they wish to terminate the contract, or vice versa if the employee wishes to leave. This is an important clause, as it offers some level of job security for the employee and some level of predictability for the employer. In most states, including North Carolina, employment is considered "at-will" unless there is a contract in place that states otherwise. This means that either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason at all, as long as the reason isn't illegal (like discrimination). If your contract includes a termination notice clause, this "at-will" status is likely modified to some extent. The specific details would depend on the exact wording in your contract. It could require either party to provide a notice (often 2 weeks, 1 month, or sometimes longer) before terminating the contract. That notice period is intended to give the other party time to adjust plans accordingly. For the employee, it might mean finding a new job; for the employer, it might mean finding a replacement.

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