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Helena Employment Law Attorney

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Employment Law Lawyer in Helena, MT

As an employee, you deserve to be treated with dignity, respect, and equality. When this does not occur, and your rights are violated, it may be time to take legal action. Whether you are experiencing safety concerns or wage and hour violations, a Helena employment law attorney can help you resolve your issues and protect your rights.

Experienced Employment Law Attorneys in Helena, MT

At Delli Bovi, Martin, & Reed, LLC, we provide personalized attention to our clients while ensuring excellent and economical legal counsel. We thoroughly understand the employment law landscape of Montana and can apply our knowledge and skills to your case. We work tirelessly to support you and guide you through the legal process, helping you to obtain optimal results.

Employment Law in Montana

Montana is committed to upholding employee rights by paying fair wages, ensuring safe work environments, establishing strict child labor laws, and protecting employees from discrimination and retaliation. Specifically, Helena, MT has a labor force of 48,000 people according to the most recent Bureau of Labor Statistics (BLS) data, and each employee should be able to pursue legal action if their rights are violated.

The Montana Department of Labor & Industry Employment Standards Division (ESD) oversees the regulations and standards that govern the state’s employer-employee relationships.

Our Employment Law Areas of Practice

Our firm in Helena is equipped to handle a range of employment law cases. While most employers uphold Montana’s rigorous labor standards, there are some employers who violate employees’ rights. Here are some of the most common cases we litigate to help ensure our clients receive justice:

  • Safety & health. As mining and agriculture are still top industries in Montana, health and safety are a priority. The Montana Safety Culture Act (MSCA) works to ensure safety standards are upheld, and each employer is responsible for providing a healthy and safe work environment for employees. If this does not occur, legal action may be required.
  • Wage & hour. Wage & Hour laws help ensure employees are paid a fair wage, in a timely fashion, and are paid overtime as applicable. The Montana Wage Payment Act enforces provisions for how and when employees are paid, and the specific laws are under Montana Code Annotated (MCA) Chapter 3. Currently, the minimum wage in Montana is $10.30, which is considerably higher than the national average.
  • Prevailing wage. Montana’s prevailing wage laws ensured that contractors who work on public works construction projects or non-construction public contracts valued above $25,000 receive fair pay. Another provision is the requirement that 50% of contractor employees are Montana residents. Violations of prevailing wage laws may come with significant consequences.
  • Workers’ compensation. Montana’s workers’ compensation laws outline the regulations, education, liability, and compensation for workers’ compensation claims. With some exceptions, each employer should have workers’ compensation insurance to cover employees if they experience injuries or harm while on the job. If your claim is denied, our lawyers may be able to help you recover damages.
  • Discrimination. Discrimination in employment in Montana may come in many forms, including unlawful discharge, refusal to hire, offer promotions, or provide fair wages. It may also involve denying reasonable maternity leave or discrimination against protected classes such as those based upon race, creed, color, heritage, age, or religion. The Montana Human Rights Bureau enforces these laws and works to protect employees.
  • Retaliation. Retaliation is when an employer commits an adverse action against an employee for reporting discrimination, wage violations, or other violations of their rights as an employee. It is unlawful for an employer to retaliate against an employee, which is why employment lawyers are there to ensure employees’ rights are maintained.
  • Public employee collective bargaining. In Montana, the Public Employee Collective Bargaining Act governs laws pertaining to collective bargaining. Specifically, some of the rights include the right to organize and create unions as well as the right for public employees to collectively bargain with their employers.
  • Wrongful discharge from employment. Unlike other states that operate under at-will employment laws, in Montana, employers must prove good cause to terminate an employee following a probationary period. If an employer does not show good cause or terminates an employee as a form of retaliation or for another unlawful reason, there may be swift consequences.

FAQs

Q: What Not to Say to an Employment Lawyer?

A: There are several things you may want to avoid saying to an employment lawyer, but generally they come down to avoiding saying things that make you lose credibility, exaggerating claims against your employer, lying or deceiving, making unrealistic demands or requirements, or making statements that create unnecessary conflict. Any of these can waste your time, the lawyer’s time, and money.

Q: Should I Tell HR I’m Getting a Lawyer?

A: Telling HR or avoiding informing HR that you are hiring a lawyer is a personal decision. However, it may be more beneficial to contact a lawyer first and ask their opinion before telling HR that you are getting or have hired a lawyer. Your lawyer can help you determine whether informing HR is beneficial or detrimental to your case, depending on the situation.

Q: Is an Employment Law Claim Worth It?

A: Whether or not an employment law claim is worth it is subjective and depends on several factors, such as the specifics of your case and the cost of your lawyer. However, generally, clients believe hiring a lawyer to help with their case may yield better results than tackling their case alone. Some factors that may be considered are the complexity of your case, your lawyer’s fees, and your expected compensation.

Q: What Is the Difference Between a Labor Attorney and an Employment Attorney?

A: The terms “labor attorney” and “employment attorney” refer to the same role and are interchangeable. They are synonymous terms that reflect the work of an attorney who is focused on labor or employment issues such as fair wage and hour laws, anti-discrimination, anti-retaliation, workers’ compensation, wrongful discharge of employment, and other employment law cases.

Experience Employment Lawyers Serving Helena, MT

As a Montana employee, your rights are important to us. We are dedicated to ensuring our clients reach fair settlements and that their rights are protected. If you believe your rights have been violated at work, we are here for you. Contact us today for a consultation and to learn how our strategic and effective lawyers can help you.

Delli Bovi, Martin, & Reed, LLC

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Delli Bovi, Martin, & Reed, LLC primarily focuses its legal services in Montana’s Lewis & Clark,
Jefferson, Missoula, Butte-Silver Bow, and Anaconda-Deer Lodge counties.

Contact Our Office To Schedule A Free Initial Consultation.

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