Terms Used In Montana Code > Title 39 > Chapter 51 > Part 21 - Benefit Eligibility

• Base period: means :

  (a)the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year;

  (b)if the individual does not have sufficient wages to qualify for benefits under subsection (2)(a), the 4 most recently completed calendar quarters immediately preceding the first day of the individual's benefit year;

  (c)in the case of a combined-wage claim pursuant to the arrangement approved by the secretary of labor of the United States, the period applicable under the unemployment law of the paying state; or

  (d)for an individual who fails to meet the qualifications of 39-51-2105 or a similar statute of another state because of a temporary total disability, as defined in 39-71-116, or a similar statute of another state or the United States, the first 4 quarters of the last 5 completed calendar quarters preceding the disability if a claim for unemployment benefits is filed within 24 months of the date on which the individual's disability was incurred. See Montana Code 39-51-201

• Benefit year: means the 52-consecutive-week period beginning with the first day of the calendar week in which an individual files a valid claim for benefits, except that the benefit year is 53 weeks if filing a new valid claim would result in overlapping any quarter of the base period of a previously filed new claim. See Montana Code 39-51-201
• Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Montana Code 39-51-201
• Calendar quarter: means the period of 3 consecutive calendar months ending on March 31, June 30, September 30, or December 31. See Montana Code 39-51-201
• Contract: A legal written agreement that becomes binding when signed.
• Customary: means according to usage. See Montana Code 1-1-206
• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fund: means the unemployment insurance fund established by this chapter to which all contributions and payments in lieu of contributions must be paid and from which all benefits provided under this chapter must be paid. See Montana Code 39-51-201
• 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.
• Misconduct: includes but is not limited to the following conduct by an employee:

  (i)willful or wanton disregard of the rights, title, and interests of a fellow employee or the employer, including:

  (A)insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions, processes, or instructions of the employer;

  (B)repeated inexcusable tardiness following warnings by the employer;

  (C)dishonesty related to employment, including but not limited to deliberate falsification of company records, theft, deliberate deception, or lying;

  (D)false statements made as part of a job application process, including but not limited to deliberate falsification of the individual's criminal history, work record, or educational or licensure achievements;

  (E)repeated and inexcusable absences, including absences for which the employee was able to give advance notice and failed to do so;

  (F)deliberate acts that are illegal, provoke violence or violation of the law, or violate a collective bargaining agreement by which the employee is covered. See Montana Code 39-51-201

• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Recess: A temporary interruption of the legislative business.
• State: includes , in addition to the states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada. See Montana Code 39-51-201
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Week: means a period of 7 consecutive calendar days ending at midnight on Saturday. See Montana Code 39-51-201
• Weekly benefit amount: means the amount of benefits that an individual would be entitled to receive for 1 week of total unemployment. See Montana Code 39-51-201