17-8-412. Prohibitions on employers -- employee remedies. - Montana Statutes

     17-8-412. Prohibitions on employers -- employee remedies. (1) A governmental entity or private entity may not adopt or enforce a rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency with regard to or from acting in furtherance of an investigation of a violation of 17-8-403 or an action brought pursuant to 17-8-405 or 17-8-406.
     (2) A governmental entity or private entity may not discharge, demote, suspend, threaten, harass, or deny promotion to or in any other manner discriminate against an employee in the terms and conditions of employment because of the employee's disclosure of information to a government or law enforcement agency pertaining to a violation of 17-8-403.
     (3) (a) A governmental entity or private entity that violates the provisions of subsection (2) is liable for:
     (i) reinstatement to the same position with the same seniority status, salary, benefits, and other conditions of employment that the employee would have had but for the discrimination;
     (ii) back pay plus interest on the back pay;
     (iii) compensation for any special damages sustained as a result of the discrimination; and
     (iv) reasonable court or administrative proceeding costs and reasonable attorney fees.
     (b) An employee may file an action for the relief provided in this subsection (3).

     History: En. Sec. 12, Ch. 465, L. 2005; amd. Sec. 9, Ch. 64, L. 2009.