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Employers Seek Same Rights as Employees in Montana Courts

Getting rid of unwanted employees is a minefield for employers in Montana — unlike that of any other state. And, the problem stands as perhaps the number one barrier to enticing out-of-state businesses to Montana.

But, as bad as it is, it used to be worse. And, as business people look with trepidation at the next state legislature, hopes for further improvement are tempered with concerns about losing ground already gained. Cautionary words about just such a possibility came during a symposium sponsored by the Big Sky Economic Development Corporation, (BSEDC) at which a panel of employers discussed their problems and identified specific legislative actions that could help.

The primary change that the employers hope to gain is to allow an employer the same rights as those of employees to appeal decisions of the Human Rights Commission. Employment issues in Montana are heard by an administrative law judge with possible appeals to the Human Rights Commission. If an employee loses at that level, they retain the right to appeal to the traditional court system, but such is not the case for the employer.

None of the business people on the panel seemed to hold much hope for any fundamental reform that would greatly remove the omnipresent threat of lawsuits that every Montana employer faces with the termination of any employee, despite the policy’s financial burden on businesses, and despite its negative impact on economic growth and job creation.

Twice in her most recent experiences, said Linda Beck, who works with BSEDC in recruiting businesses to the state, she has seen Montana lose in the final cut simply because it is not an "at will" employment state. "And not only did they decide, not to come to Montana this time," she said, "They decided never to consider the state again."

By Evelyn Pyburn

Full Story: http://www.bigskybusiness.com/modules.php?op=modload&name=News&file=article&sid=1161&mode=thread&order=0&thold=0

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