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At will status on Federal land Montana

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  • At will status on Federal land Montana

    I've read Montana is an exception to the "at-will" employer status, but what if the employer is part of a federal Indian reservation, and abides by federal labor laws? Can the employer still follow "at-will" practices?

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    Montana recognizes the at-will doctrine if the employee is within their probationary period or, if the employer does not specify a probationary period, the first six months of employment.

    That being said, the at-will doctrine is not a Federal law; it is a concept that is recognized by the Federal and most state governments. It has multiple exceptions.

    You can check with the state DOL on your question but I very much doubt that the state of Montana will agree.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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