24.16.7511    ACCRUAL OF CLAIMS UPON SEPARATION FROM EMPLOYMENT

(1) Claims accrue in the manner specified by 39-3-205 , MCA.

(2) For the purpose of construing 39-3-205 , MCA, any reason that an employer gives when firing an employee constitutes firing the employee "for cause."

(3) For the purpose of construing 39-3-205 , MCA, payment of wages is considered to be "immediate" if the wages are paid to the employee by the earlier of the close of business or four hours from the time the employee is notified that the employee has been discharged. Payment of wages is also considered to be "immediate" if the employer mails to the employee a check or money order for the wages, and the envelope containing the payment is postmarked the same day as the discharge. If payment is made by mail, however, and there is a dispute over when the payment was made, the employer bears the burden of proof to show that payment was timely mailed. Such proof may include, but is not limited to, a receipt issued by the United States postal service showing that the envelope addressed to the employee was mailed on that date.

History: 39-3-202, MCA; IMP, 39-3-205, MCA; NEW, 1994 MAR p. 1152, Eff. 5/1/94.