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]
CONFIDENTIAL SETTLEMENT COMMUNICATION - M.R.E. 408

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

D. Montana Human Rights Bureau

Administrative Exhaustion Required:

• Must file complaint within 180 days
• May request right-to-sue after 180 days of filing
• 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.

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

B. Summary of Damages

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. CONFIDENTIALITY

This letter is a confidential settlement communication protected by Montana Rule of Evidence 408.

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