Wall, McLean & Gallagher, PLLC brings decades of trusted legal experience to employees across Montana, anchored by decades of experience and a deep-rooted understanding of Montana’s labor laws. Known for our practical, results-driven approach, the firm stands out as a trusted resource for both employees and employers facing the realities of wage disputes, wrongful termination, contract breaches, and workplace discrimination.
Clients turn to Wall, McLean & Gallagher, PLLC for more than just legal answers. Employees receive dedicated advocates focused on fairness and justice, while businesses work with experienced advisors who simplify regulatory compliance and provide vigorous defense. Our team’s skill in cutting through legal jargon to address the core of each issue sets us apart, delivering practical solutions that resolve workplace challenges and clear the path to resolution. For labor law matters big or small, contact Wall, McLean & Gallagher PLLC today.
Wrongful Termination, Retaliation, and Discrimination Claims
Wrongful termination, retaliation, and discrimination claims are serious legal matters that impact both employees and employers in profound ways.
Wrongful termination occurs when an employee’s dismissal violates Montana law, such as when it’s done without “good cause” after the probationary period, in retaliation for refusing to break public policy, or contrary to the employer’s own personnel policies.
Retaliation claims arise when employees face adverse actions, like termination, demotion, or harassment, because they engaged in protected activities such as reporting violations or asserting their rights.
Discrimination claims involve unfair treatment based on protected characteristics, which can affect workplace morale, result in costly litigation, and damage an organization’s reputation.
What Qualifies as Workplace Retaliation or Harassment?
Under labor laws, workplace retaliation or harassment includes actions such as:
- Firing or demoting an employee for reporting legal violations
- Reducing pay or work hours in response to complaints
- Creating a hostile or intimidating work environment after protected activity
- Denying promotions or training opportunities as punishment
- Unfavorable shift assignments or excessive scrutiny following a complaint
- Threatening or coercing employees to withdraw complaints or refrain from reporting misconduct
If you or your business is facing challenges related to wrongful termination, retaliation, or discrimination, it’s important to seek experienced legal guidance. At Wall, McLean & Gallagher, PLLC, our attorneys stay up to date on Montana’s labor laws and can guide you through defending your rights or complying with regulatory requirements.
Common Employer Mistakes That Lead to Legal Claims
Employers and business owners often find themselves in difficult legal situations due to common mistakes made in managing their workforce and adhering to labor laws. Many of these errors are not from intentional wrongdoing but from a lack of awareness or understanding of complex regulations, leaving managers vulnerable to claims. Common missteps include misclassifying employees versus independent contractors, failing to pay proper wages or overtime, neglecting clear and lawful workplace policies, and mishandling employee complaints or disputes. When owners or managers overlook these key areas, it opens the door for legal claims that can be costly and damaging to the business.
Misclassification of Employees vs. Independent Contractors
The misclassification of employees as independent contractors is a common issue in Montana’s workforce. Misclassifying workers allows some employers to avoid paying overtime, payroll taxes, benefits, and other legal protections. This often leads to legal challenges and penalties when authorities or courts determine the worker should have been classified as an employee.
This mistake not only exposes businesses to back pay and fines but also harms employee satisfaction and trust. Proper employment classification is needed to avoid these risks. If you manage a business or oversee personnel, understanding and preventing these common errors can be incredibly beneficial to your business.
Wage and Hour Violations: Know Your Rights
Employees in Montana need to understand their rights under wage and hour laws to ensure they receive fair pay for their work. Knowing how to spot wage theft, unpaid overtime, and other violations is key to protecting your earnings. Montana’s minimum wage is $10.55 per hour as of 2025, with overtime pay required at time and a half for hours worked over 40 in a week. Wall, McLean & Gallagher, PLLC offers experienced legal help to guide you through these issues and make sure your rights are protected.
Severance Agreements and Contract Review
Whether you’re negotiating a severance package or reviewing an employment contract, it’s important to make sure terms are fair and clear. Our legal team can carefully review these documents to protect your rights and avoid surprises. We provide practical advice to help you understand what you’re agreeing to and ensure your interests are preserved.
Navigating Montana’s “At-Will” Employment Standards
Montana is an “at-will” employment state, meaning either the employer or employee can end the job relationship at any time, with or without cause. However, this does not allow employers to violate wage laws, discriminate, or act unfairly. Wall, McLean & Gallagher, PLLC can help you understand your rights and options within Montana’s employment framework, protecting you from wrongful termination and related issues.
How Our Helena Labor Law Attorneys Can Help You
Knowing when to speak with a Helena labor law attorney can make all the difference, whether you’re an employee facing threats to your wages or workplace rights, or an employer aiming to protect your business from costly legal missteps. If you encounter wage disputes, wrongful termination, harassment, or uncertain contract terms, now is the time to seek legal guidance. For employers, consulting early can help navigate compliance, resolve internal issues proactively, and protect your organization from claims that risk your reputation and financial security.
When to Speak with a Helena Labor Law Attorney
Wall, McLean & Gallagher brings decades of practical experience and local insight to labor issues in Helena. By working with a knowledgeable labor law team, you gain trusted partners who advocate for your interests, offer actionable solutions, and provide clarity in complicated workplace matters. Connect with Wall, McLean & Gallagher today to secure your future and confidently resolve any labor law concern before it becomes a crisis.