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No job description, no handbook...

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wolfmann

Guest
Montana.

I'm an employee for a company that does not have an employee handbook, no employee guidelines, no written probationary period. I've asked for a written job description three times, but have never received one. The only document I've signed is my tax form.

I get the feeling that I'm going to be fired for not "doing my job", but I've never been given a description of what my job actually is and I've never been written up. Do I have any recourse?
 


cbg

I'm a Northern Girl
You live in the one and only state that does not generally recognize at will employment (the at-will relationship of employer to employee is limited to EITHER the probationary period set by the employer or, if none, the first six months of employment); however, even in Montana I could find no requirement that an employer provide either an employee handbook or a job description, and neither is required by Federal law either.

Why do you think they're going to fire you?
 

Beth3

Senior Member
Normally, I'd say "no." The situation may be a very poor one - it's hardly fair or appropriate not to inform an employee what is expected of them and then to terminate them for not figuring it out on their own.

However there are no laws that require an employer to have handbooks, job descriptions, policy manuals or any of that stuff. Many employers don't have job descriptions but use other means (such as talking to employees) to inform them what their performance expectations and duties are. If you've been told what's expected of you and haven't lived up to it, don't hang your hat on never receiving a written job description as a loop hole.

The one thing that makes me hesitate is that Montana is the one State that doesn't recognize the doctrine of "at will" employment and not being in Montana, I'm not sure how they define the employment relationshp there.

Anybody have any legal input here on employment in the great State of Montana?
 
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wolfmann

Guest
They've taken away duties, left me out of memos that as Regional Manager, I should know about, said they need to "re-evaluate" my position. I've put in 70+ hours a week on average for the last 45 days without any overtime. They're not reimbursing my expenses because I "didn't fill out the expense report right", but I was never given an example to follow.

Basically, you're saying in MT, employers can get away with anything?
 
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wolfmann

Guest
What's expected changes daily depending on the mood of the boss. I'm told to call in my numbers, but get yelled at when I do and am told to email them in. I email them in, then get yelled at for not calling. Three other employees have quit because of this type of treatment. I do not see how employers can do this to employees.
 

Beth3

Senior Member
No, just the opposite. But in any State, an employer can't get away with just anything - it all depends exactly what the "anything" is.

Since Montana doesn't recognize "at will" employment, what I'm saying is that I can't give you a definite answer as I likely could if you lived in any of the other 49 States. What I can tell you is that if you lived anywhere except Montana, what the employer is doing is legal. It may not be fair but it's not unlawful. It's probably the same in Montana but I can't tell you for certain.

You can always call Montana's DOL and inquire.
 

cbg

I'm a Northern Girl
Before I posted my response I went to the Montana DOL web site and read the statutes. There was nothing I could find in the statutes requiring job descriptions or employee handbooks.

In Montana, once you are past EITHER the probationary period or, if there is none, the first six months of employment, termination must be "for cause". However, the statutes do not require there be written definitions of the employer expectations.
 

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