Dundas v. Winter Sports, Inc.
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The Supreme Court affirmed the district court’s grant of summary judgment dismissing Plaintiff’s claims for wrongful discharge under the Montana Wrongful Discharge from Employment Act (WDEA).
Plaintiff sued Defendant, his former employer, for damages for wrongful discharge under WDEA, asserting that Defendant lacked good cause to terminate his employment, failed to follow its written personnel policies, and terminated him for refusing to violate public policy or for reporting violations of public policy. The district court granted Defendant’s motion for summary judgment on all claims, concluding that Plaintiff did not have a wrongful discharge claim because he was a probationary employee who could be terminated for any reason as provided in Mont. Code Ann. 39-2-904(2). The Supreme Court affirmed, holding (1) the district court correctly found that Plaintiff was still on probation when Defendant terminated his employment; and (2) the district court properly granted summary judgment to Defendant on the whistleblower issue because Plaintiff failed to produce any evidence to support his contention.
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