Best Employment Lawyers in Missoula

FAQs

• What is the non-emergency contact number for the local police station in Missoula, Montana?

  The non-emergency contact number for the Missoula Police Department Report Desk is (406) 552-6300.

• Where can I get a copy of police reports for incidents related to my case in Missoula, Montana?

  Police reports in Missoula can by requested by contacting the Missoula Police Department at (406) 552-6303. The typical timeframe for the release of requested documents is 7-10 business days, provided that the report has already been completed and the incident is no longer under investigation.

• What is Missoula's legally mandated minimum wage?

  Missoula adheres to Montana's $8.30 per hour minimum wage for "all hours worked". Businesses not covered by the Fair Labor Standards Act that have gross annual sales of $110,000 or less are allowed to pay $4.00 per hour as an exception to this law. On the other hand, $7.25 per hour or higher must be given to every employee who produces or transports goods between states or is otherwise covered by the Fair Labor Standards Act.

• When must an employer in Missoula pay wages following an employee's termination?

  All wages in Missoula are due within four hours of a layoff or termination, or at the end of the business day, whichever comes first. Unless the employer has an existing, written policy that extends the time for payment, this should be followed. The next payday for the period in which the separation occurred, or 15 calendar days, whichever comes first, is the absolute maximum amount of time that wages in such a case may be delayed.

• What laws exist in Missoula to safeguard workers from discriminatory termination?

  Employers in Missoula are prohibited by federal anti-discrimination laws from firing staff members on the basis of a person's gender, race, national origin, pregnancy, age, religion, disability, genetic information, or citizenship status. However, these laws are only applicable to employers with 15 employees or more. Also, the minimum number of employees for age discrimination is 20 and the minimum number of employees for citizenship status discrimination is four.

• Are pay increases required by Missoula law?

  A Missoula employer is not required by law to give raises. Should they be offered, pay raises become a part of the employment contract. It is also important to address any discrepancies right away if a raise is overdue because accepting the wage received could be interpreted as changing the terms of the original contract.

• What recourse do you have if your previous employer in Missoula is providing negative references about you?

  In Missoula and the rest of Montana, blacklisting is not allowed. Except as provided in 39-2-802 M.C.A., any company, corporation, or its representatives that places a dismissed worker on a blacklist or makes other attempts to prevent the employee from finding work will be held accountable for punitive damages to the employee which can be recovered in a civil action.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.