39-2-606. When servant may be discharged. A master may discharge any servant, other than an apprentice, whether engaged for a fixed term or not:

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Terms Used In Montana Code 39-2-606

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(1)if the servant is guilty of misconduct in the course of the servant’s service or of gross immorality, though unconnected with the service; or

(2)if, being employed about the person of the master or in a confidential position, the master discovers that the servant has been guilty of misconduct before or after the commencement of service of a nature that, if the master had known or contemplated it, the master would not have employed the servant.