Montana Code 2-2-145. Retaliation unlawful — civil liability — remedies — statute of limitations — definitions
2-2-145. Retaliation unlawful — civil liability — remedies — statute of limitations — definitions. (1) It is unlawful for a state agency, state officer, public officer, or public employee to retaliate against, or to condone or threaten retaliation against, an individual who, in good faith, alleges waste, fraud, or abuse.
Terms Used In Montana Code 2-2-145
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public employee: means :
(a)any temporary or permanent employee of the state, including an employee of the judicial branch;
(b)any temporary or permanent employee of a local government;
(c)a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and
(d)a person under contract to the state. See Montana Code 2-2-102
- Public officer: includes any state officer and any elected officer of a local government. See Montana Code 2-2-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State agency: includes :
(i)the state;
(ii)the legislature and its committees;
(iii)all executive departments, boards, commissions, committees, bureaus, and offices;
(iv)the university system; and
(v)all independent commissions and other establishments of the state government. See Montana Code 2-2-102
- State officer: includes all elected officers and directors of the executive branch of state government as defined in 2-15-102 and all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2)A person who violates a provision of this section is liable in a civil action in a court of competent jurisdiction. The provisions of 2-9-305 apply if the person is being sued in a civil action for actions taken within the course and scope of the person’s employment and the person is a state officer, public officer, or public employee.
(3)For purposes of this section:
(a)”person” has the meaning provided in 2-5-103;
(b)”retaliate” means to take any of the following actions against an individual because the individual, in good faith, alleged waste, fraud, or abuse:
(i)terminate employment;
(ii)demote;
(iii)deny overtime, benefits, or promotion;
(iv)discipline;
(v)decline to hire or rehire;
(vi)threaten or intimidate;
(vii)reassign to a position that hurts future career prospects;
(viii)reduce pay, work hours, or benefits; or
(ix)take another adverse personnel action; and
(c)”state agency” has the meaning provided in 1-2-116.
(4)Remedies available to an aggrieved individual for a violation may include:
(a)reinstatement to a lost position;
(b)compensation for lost benefits, including service credit;
(c)compensation for lost wages;
(d)payment of reasonable attorney fees;
(e)payment of court costs;
(f)injunctive relief; and
(g)compensatory damages.
(5)A lawsuit alleging a violation of this section must be brought within 2 years of the alleged violation.
(6)If a state agency maintains written internal procedures under which an individual may appeal an action described in subsection (3)(b) within the agency’s organizational structure, the individual shall first exhaust those procedures before filing an action under this section. The individual’s failure to initiate or exhaust available internal procedures is a defense to an action brought under this section.
(7)For purposes of this subsection, if the state agency’s internal procedures are not completed within 90 days from the date the individual may file an action under this section, the agency’s internal procedures are considered exhausted. The limitation period in subsection (5) is tolled until the procedures are exhausted. The provisions of the agency’s internal procedures may not in any case extend the limitation period in subsection (5) more than 240 days.
(8)If the state agency maintains written internal procedures described in subsection (6), the agency shall, within 7 days of receiving written notice from the complaining individual of the action described in subsection (3)(b), notify the individual of the existence of the written procedures and supply the individual with a copy. If the agency fails to comply with this subsection, the individual is relieved from compliance with subsection (6).
(9)The commissioner of political practices is not required or authorized to enforce this section.