Labor & Employment Law

Profanity was good cause for discharge.

Montana's Wrongful Discharge from Employment Act (WDEA) defines ?good cause? for discharge as

?reasonable job-related grounds for dismissal based on a failure to satisfactorily perform job duties, disruption of the employer?s operation, or other legitimate business reason.?

When Thomas Becker told his department manager to "kiss my ass," and called his immediate supervisor a "prick," he got fired.

The Montana Supreme Court thought there was "good cause" within the meaning of the Montana statute. Becker v. Rosebud Operating Services (Montana 08/12/2008).

Becker's lawyer thought he should win, and cited Arnold v. Yellowstone Mountain Club, LLC, 100 P.3d 137 (Montana 2004), where summary judgment in favor of the employer was reversed - in spite of the fact that Arnold stated "f--- this" and walked out of her supervisor's office.

The Montana court distinguished the two cases. Arnold had been demoted even though she had been told her job prospects were excellent. And her bit of profanity was uttered in frustration. But the court couldn't think of much good to say about Becker's conduct.

Full post as published by Ross' Employment Law Blog on August 14, 2008 (boomark / email).