Employment Discrimination Demand Letter - Montana
EMPLOYMENT DISCRIMINATION DEMAND LETTER
Montana Law
Montana Human Rights Act, Mont. Code Ann. Section 49-2-101 et seq.
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Montana ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Montana State Bar No.]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Re: Employment Discrimination Claim of [Client Full Name]
HRB Charge No.: [If filed]
EEOC Charge No.: [If filed]
FOR SETTLEMENT PURPOSES — FED. R. EVID. 408 / M. R. EVID. 408 MAY LIMIT SPECIFIED USES OF DISPUTED-CLAIM NEGOTIATIONS
Dear [Mr./Ms./Mx. Last Name]:
This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company"). Please direct all further communications concerning this matter to our office.
I. LEGAL FRAMEWORK
A. Montana Human Rights Act (MHRA)
Montana prohibits employment discrimination under the Montana Human Rights Act, Mont. Code Ann. Section 49-2-101 et seq.
Protected Classes Under MHRA (Section 49-2-303):
- Race
- Color
- National origin
- Ancestry
- Religion
- Creed
- Sex (including pregnancy)
- Age
- Physical or mental disability
- Marital status
- Political beliefs
B. Montana Wrongful Discharge from Employment Act (WDEA)
Montana is unique as the only state that has abolished at-will employment by statute. The WDEA (Mont. Code Ann. Section 39-2-901 et seq.) provides additional protections.
C. Federal Anti-Discrimination Laws
| Statute | Protected Class | Citation |
|---|---|---|
| Title VII | Race, color, religion, sex, national origin | 42 U.S.C. Section 2000e et seq. |
| ADEA | Age (40+) | 29 U.S.C. Section 621 et seq. |
| ADA | Disability | 42 U.S.C. Section 12101 et seq. |
D. Montana Human Rights Bureau
Administrative Exhaustion Required:
- File a written, verified complaint ordinarily within 180 days after the practice occurred or was discovered
- If a qualifying grievance concludes within 120 days, § 49-2-501(4)(b) permits filing within 180 days after the grievance concludes
- If that grievance does not conclude within 120 days, file within 300 days after the practice occurred or was discovered
- If the department dismisses the complaint, calendar § 49-2-511's 14-day objection route and the applicable 90-day district-court deadline from the final agency decision
- HRB will investigate and issue determination
II. FACTUAL BACKGROUND
A. Employment History
[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], Montana.
| Category | Details |
|---|---|
| Start Date | [Date] |
| Final Position | [Title] |
| Final Salary | $[Amount] per [year/hour] |
| Work Location | [Address] |
B. Protected Class Status
Our client is a member of the following protected class(es):
☐ Race/Color: [Specify]
☐ National Origin/Ancestry: [Specify]
☐ Sex/Gender: [Specify]
☐ Religion/Creed: [Specify]
☐ Age: [Specify]
☐ Disability: [Describe]
☐ Marital Status: [Specify]
☐ Political Beliefs: [Specify]
C. Discriminatory Conduct
[Describe discriminatory conduct and specific incidents]
III. LEGAL CLAIMS
A. Violation of Montana Human Rights Act
[Company Short Name] violated the MHRA by discriminating against our client based on [protected class].
B. Violation of Wrongful Discharge from Employment Act
Montana's WDEA prohibits discharge that violates public policy or is without good cause after probationary period.
C. Federal Claims
[If applicable, describe Title VII, ADEA, or ADA claims]
IV. DAMAGES
A. Economic Damages
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Front Pay (up to 4 years under WDEA) | $[Amount] |
| Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Economic Damages | $[Amount] |
| Compensatory Damages | $[Amount] |
| Punitive Damages | $[Amount] |
| Attorney's Fees | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.
VI. RESPONSE DEADLINE
Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].
VII. DOCUMENT PRESERVATION
Immediately implement a litigation hold.
VIII. EVIDENTIARY STATUS
If and to the extent this letter constitutes compromise negotiations concerning a disputed claim, Federal Rule of Evidence 408 and Montana Rule of Evidence 408 may limit specified uses of the negotiations. Those rules do not themselves create confidentiality or privilege and may permit use for another purpose.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Montana Bar No.]
MONTANA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)
Key Montana Considerations
☐ No At-Will Employment: Montana abolished at-will employment via WDEA - unique among states
☐ Unique Protected Classes: Political beliefs protected (rare among states)
☐ Administrative Exhaustion: Required for MHRA claims
☐ WDEA Caps: Lost wages limited to 4 years under WDEA
☐ Marital Status Protection: Included in MHRA
Statute of Limitations Reference
| Claim | Deadline | Citation |
|---|---|---|
| HRB Complaint | 180 days | Mont. Code Ann. Section 49-2-501 |
| WDEA | 1 year (internal) + 1 year (court) | Mont. Code Ann. Section 39-2-911 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |
About this template
- Last updated
- August 16, 2026
- Jurisdiction
- Montana
- Category
- Demand Letters
Legal authority
- Mont. Code Ann. § 49-2-501(3)-(4) (verified complaint and filing periods; partial propagation audit)
- Mont. Code Ann. § 49-2-511(1)-(3) (dismissal objections and court deadline; partial propagation audit)
A demand letter is a formal written request to fix a problem or pay what is owed, sent before anyone files a lawsuit. It gives the other side a real chance to settle, creates a record of your attempt to resolve things, and in many cases (unpaid debts, insurance claims, broken contracts) starts a legally required response window. A well-written demand letter lays out what happened, what you want, and a deadline to act, which is often enough to get results without ever going to court.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
Mont. Code Ann. § 49-2-501(3)-(4) (checked August 16, 2026): "The complaint must be written and verified and must state the name and address of the party alleged to have engaged in the discriminatory practice and the particulars of the alleged discriminatory practice. a complaint under this chapter must be filed with the department within 180 days after the alleged unlawful discriminatory practice occurred or was discovered. If the grievance procedure does not conclude within 120 days, the complaint must be filed within 300 days after the alleged unlawful discriminatory practice occurred or was discovered."
Mont. Code Ann. § 49-2-511(1)-(3) (checked August 16, 2026): "The objections must be filed with the commission within 14 days after the issuance of the notice of dismissal. If the charging party fails to commence the civil action in the district court within 90 days after the final agency decision has been issued, the claim is barred."
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