« Jotting about Michael Fox | Main | $3 million verdict - wrongful discharge »

Profanity was good cause for discharge.
August 14, 2008 by Ross Runkel at LawMemo

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.

	Web www.LawMemo.com  This form will search the LawMemo web site. It does not include the Caselaw Database.

Home | Free Trial | Products & Prices | Feeds | Caselaw Database | Sample   
EEOC | NLRB | Nat'l Arbitration Ctr | Supreme Court | Articles | Lawyers
Employment Law Blog | Arbitration Blog | Employment Law 101    
Employment Law Memo | NLRB Law Memo | Arbitration Law Memo

Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.