Category: Firm News

If you’ve lost your job unexpectedly, there are questions that you need answered pretty quickly to keep your life in order. The first thing on your mind may be whether you can fight your dismissal and keep things the way they were. If that is not possible, or if you try and fail, then you you’ll want to know how to survive until you can get another job. There are federal laws that protect employees who have been terminated under certain circumstances. The most notable federal protection against being terminated is the Civil Rights Act of 1964. This law protects an employee from being terminated on the basis of race, gender,

Being involved in a motor vehicle accident is not something most of us really expect to have happen on any given day. Consequently, when it does happen, most of us don’t know what we are supposed to do. Unfortunately, not knowing what to do, and then doing nothing, or the wrong thing, can result in a lot of headaches after the fact. All accidents are investigated in one way or another, depending on their seriousness. Where death or serious injury occurs, naturally, the investigations are more thorough. The process of determining who is liable for the various damages resulting from an accident begins immediately at the accident site. For this

Governor Steve Bullock took a stand in favor of consumers when he vetoed a bill that would have weakened protections for victims of fraudulent practices by businesses. A recent lawsuit that went all the way to the Supreme Court by a White Sulphur Springs couple appears to have prompted the introduction and passage of the legislation. In that case, the couple had been orally advised over the phone on numerous occasions by their bank regarding how to handle the restructuring of their home loan. While providing the oral advice, the bank was sending contradictory information through the mail. The bank representatives speaking with the couple advised them to ignore the mailings. If

The use of lie detector tests in employment settings is mostly prohibited by federal law. The Employee Polygraph Protection Act of 1988 provides that persons have a right to employment opportunities without having to take a test. It prohibits the use of polygraphs not only for applicant screening but also for disciplining or discharging employees. The law only applies to private employers, with certain exceptions, so a person seeking employment with or working for a governmental entity could be required to take a test. Most governmental employers, however, do not require polygraphs. In addition to prohibiting tests, the following actions by employers are prohibited by the Act: inquiring about the

Organized sports and outdoor recreational activities are very popular in Montana. Some activities can be relatively low risk in terms of the potential for injury, but others carry a very high risk of people being hurt. Providers of sports and recreational opportunities, like anyone else, are liable for personal injuries caused by their negligence. Most providers ask patrons to sign a waiver that is designed to protect the provider from being sued for an injury. Until recently, such waivers were not very useful in shielding the providers from liability. In May 2015, a law was approved by the Governor that allows liability waivers to be recognized in personal injury lawsuits. Before this

Individuals have the right to sue others for injuries they sustain that were a result of wrongdoing. In Montana, civil actions for money damages can arise due to injury to one’s person. Liability can be found against a service provider, such as a tattoo shop, due to a failure to exercise ordinary care. The failure to exercise ordinary care is otherwise known in legal settings as “negligence“. In Montana, tattoo shops are licensed and regulated by state law. The purpose of the law is to protect public health. Further, administrative regulations prescribe various standards to be met by tattoo shops, such as single use of utensils, sterilization of equipment, and cleanliness

There are no federal or state laws that mandate employers to grant vacation time or routine sick leave. The federal Family and Medical Leave Act, however, does require certain employers to grant leave without pay, subject to restriction, to employees who are seriously ill or who have to care for a seriously ill family member. Any allowance for vacation time or routine sick leave, therefore, is something that is provided by the employer on its own initiative. The terms and conditions of employment are affected by many legal standards in both the private and public sectors. Things that are considered employee benefits, however, are normally in place because employers want

The State of Montana is one of 30 states that have statutes that specifically allow civil liability in cases of injury resulting from alcohol consumption. In Montana, a person or entity may be held liable for serving alcohol, which means that individuals serving alcohol to guests in their home or at social events can be sued for damages. The good news for individuals is that the circumstances under which they can be held liable is not as strict as for business entities. Under the law, business entities, typically bars, can be held liable for serving alcohol under the following three circumstances: to an individual it knows, or did not make a

In an effort to stem the number of medical malpractice suits being brought in the state court system, Montana has established a system of Medical legal panels to, in effect, pre-screen claims before they go to court. The law requires claims to be filed with the panel associated with the medical or chiropractic practice areas of health care provision. The stated goal is to keep cases that do not reasonably indicate that malpractice might have occurred from reaching the court system. Although the panels’ stated purpose is to prevent questionable claims from reaching court, they are also charged with facilitating the settlement of these claims. The panels are made up of three

The use of excessive force by police officers has certainly taken center stage lately in some high profile incidents like the one that occurred in Ferguson, Missouri. In a lesser profile case, the United States Supreme Court recently set forth a new standard for use of force by police and jailers against persons accused but not yet convicted of a crime. In a case known as Kingsley v. Hendrickson, the Court ruled that suspects in detainment awaiting trial are due the same standard as persons who are in the process of being arrested. Previous to the Court’s ruling, a person who had been convicted of a crime and was alleging use