WRONGFUL DISCHARGE – insurance agent properly terminated for violating policy

Kuszmaul v Sterling Life Ins. Co., 365 Mont. 390, 282 P3rd 665 2012 MT 154.  Employee’s mailing of unapproved marketing material constituted good cause for termination under the Wrongful Discharge from Employment Act (WDEA), where employee admitted she had read, signed, and understood the employment policy that required prior approval of all marketing material, and that she sent out her unapproved letter, and policy clearly stated that a violation of the policy resulted in immediate termination. § 39-2-904(1)(b) MCA. Employee handbook did not require progressive discipline prior to termination of an employee for violation of employment policy; handbook clearly contemplated that a termination of employment could be appropriate depending on the seriousness of the situation, thus, the discharge of an employee for a significant infraction was within the purview of the handbook. § 39-2-904(1)(c) MCA.

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