Employee Release Without Cause. An employee that entered into a specified term contract with a “termination without cause” clause is not barred from bringing a claim under the Montana Wrongful Discharge from Employment Act. Brown v. Yellowstone Club Operations, LLC, 2011 MT 155, 361 Mont. 124, 255 P.3d 205.
ERISA. Work conducted under a “consulting agreement” where the employer still controls the details, methods, and means of an employee’s work is the same as work under an ordinary employment agreement and should be counted as work time for retirement benefit purposes. Eldredge v. Asarco Inc., 2011 MT 80, 360 Mont. 112, 252 P.3d 182.