Butte School District

THE BOARD OF TRUSTEES

5140

Classified Employment and Assignment

Each classified employee will be employed under a written contract of a specified term, of a beginning and ending date, within the meaning of § 39-2-912, MCA, after the employee has satisfied the requisite probationary period as determined by their respective Collective Bargaining Agreement. * During the probationary period of employment, the employment may be terminated at the will of either the School District or the employee on notice to the other for any reason or no reason. Should the employee satisfy the probationary period, such employee shall have no expectation of continued employment beyond the current contract term.

The District reserves the right to change employment conditions affecting an employee’s duties, assignment, supervisor, or grade.

The Board will determine salary and wages for classified personnel, unless covered by a collective bargaining agreement.

Legal Reference:    

§ 39-2-904, MCA    Elements of wrongful discharge – presumptive probationary period
§ 39-2-912, MCA    Exceptions to Wrongful Discharge from Employment Act
Hunter v. City of Great Falls (2002), 2002 MT 331
Whidden v. Nerison, 294 Mont. 346, 981 P.2d 271 (1999)
Bowden v. The Anaconda Co., 38 St. Rep. 1974 (D.C. Mont. 1981)
Prout v. Sears, Roebuck & Co., 236 Mont. 152, 722 P.2d 288 (1989)
Stowers v. Community Medical Center, Inc., 2007 MT 309, 340 Mont. 116, 172 P.2d 1252.

Policy History:

Adopted on: 10/18/04
Reviewed on: 2/1/2022
Revised on: 3/19/12