At-Will Employment
Newly hired employees are in their probationary period for the first eighteen (18) months (the “Probationary Period”) of their employment. Employees who transfer or are promoted to new positions within the Company will enter into a new Probationary Period.
For example, a crew member promoted to a Shift Lead position will be subject to a new eighteen (18) month probationary period.
Your employment is not for any specific time. You are free to resign at any time, for any reason or for no reason. Similarly, the Company is free to conclude its employment relationship with you at any time, with or without cause and with or without notice during your (each) Probationary Period.
The Company will follow all applicable state and federal laws governing the termination of the employment relationship. In the event MTB determines that it cannot reasonably assess the employee’s performance, the initial probationary period may be extended an additional ninety (90) days. Following the eighteen- month probationary period, termination by MTB has to be for “good cause” as defined in Mont. Code Ann. § 39-2-903(5).
The following acts of misconduct are provided as a nonexclusive example of what may constitute “good cause”:
- Any reasonable job-related grounds for an Employee’s dismissal based on:
- The employee’s failure to satisfactorily perform job duties;
- the employee’s disruption of the company's operation;
- the employee’s material or repeated violation of an express provision of the Company’s written policies; or
- Other legitimate business reasons determined by the Company while exercising the Company’s reasonable business judgment.
- Other legitimate business reasons could include:
- Supplying false or misleading information when applying for employment, or at any time during your employment.
- Altering, destroying, willfully misplacing, discarding or falsifying MTB records or data; including theft; submission of fraudulent or inaccurate time reports by the Employee
- Failure to maintain the confidentiality of MTB’s information, including but not limited to, documents, reports, records, files, correspondence and communications.
- Theft or unlawful possession of stolen, lost or mislaid property of MTB, its employees, and its customers.
- Destruction, theft, or unauthorized removal of or defacing of MTB, a fellow employee’s, or customer’s property.
- Committing, aiding and/or abetting in any illegal, immoral or indecent conduct, or soliciting persons for these purposes.
- Possession, use, distribution, or being under the influence of illegal drugs at any time while conducting MTB business or while on MTB property.
- Deliberately or through gross negligence causing injury to another person.
- Excessive tardiness, failure to report to your manager, or absence from work without proper permission or notification.
- The Employee's death or inability to perform his/her duties.
- Uttering, publishing, or distributing false, vicious, or malicious statements concerning MTB or any of its employees.
- Violation of MTB's harassment or discrimination policies.
The initial Probationary Period above may differ from the benefit probationary periods required under any benefit or health insurance plans.