Suspension Vs Termination In Montana
Black's Law Dictionary defines "suspend" as "to interrupt; to cause to cease for a time, to postpone; to stay, delay or hinder; to discontinue temporarily, but with an expectation or purpose of resumption. As a form of censure or discipline, to forbid a public officer, attorney, employee, or ecclesiastical person from performing his duties or exercising his functions for a more or less definite interval of time".
Termination for purposes of the Wrongful Discharge from Employment Act must be a complete severance of the employment relationship.
In Clark v. Eagle Systems, Inc., 279 Mont. 279, 285, 927 P.2d 995 (1996), the Montana Supreme Court stated: "termination of employment has been defined to mean a complete severance of the relationship of employer and employee . . ."
Good cause is defined as "reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer's operation, or other legitimate business reason." Section 392-903(5), MCA.