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Does Montana have laws against Workplace Bullying

Customer Question
Does Montana have laws against...
Does Montana have laws against "Workplace Bullying"?
Submitted: 8 years ago.Category: Employment Law
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Answered in 2 minutes by:
9/14/2009
Employment Lawyer: legaleagle, Lawyer replied 8 years ago
legaleagle
legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,441
Experience: Practicing Attorney for 10 years
Verified
No there is no current law. There have been 2 attempts in the Montana Legislature to have a law passed but the bill has lost both times.
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Customer reply replied 8 years ago
Do you have any suggestions for what I can do to get help/make it stop? What about worker's compensation laws?
Employment Lawyer: legaleagle, Lawyer replied 8 years ago
You should report it to your employer and if the employer fails to take action you can sue for workplace harassment. If you are injured then you can apply for worker's compensation.
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Customer reply replied 8 years ago

I reported it to our HR department and they told my boss everything I said and then they both ganged up on me at a meeting and said that I was just being "too sensitive". I've look at the harrassement laws, and the way I understand the law, since I do not fall into one of the "protected classes", I can't sue??

 

I spoke to a worker's compensation lawyer and he said that being that the company I worked for is in another state, the case would be heard at a federal level, and it's been his experience that the federal court is not sympathetic to the worker and that the company would "eat me alive" with fabricated lies, etc., and ruin my reputation. I'm about ready to have nervous breakdown, but need my job for my health insurance until my cancer treatment is over.

Employment Lawyer: legaleagle, Lawyer replied 8 years ago
This is a very complicated situation. The hard part is proving the harassment and it is a he said/she said situation. Since you are not being harassed based on your age, sex, race, religion or nationality it is not a protected class and sueing would not work. Now if the employer is retaliating against you for something you did that was legal, ie whistle blowing, etc, then you can sue for the retaliation. Also a protected class is being disabled. So your cancer may qualify as a disability and if they are discriminating due to your illness you could sue. You can file a complaint the EEOC and let them investigate. You can not be fired for filing the complaint and if you are then you have a slam dunk wrongful termination case.
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Customer reply replied 8 years ago
Thank you so much! How do I contact the EEOC?
Employment Lawyer: legaleagle, Lawyer replied 8 years ago
legaleagle
legaleagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,441
Experience: Practicing Attorney for 10 years
Verified
legaleagle and 87 other Employment Law Specialists are ready to help you
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Category: Employment Law
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