On Tuesday, the House Business and Labor Committee heard HB 213, which was ironically called "Healthy Workplace." The bill would create a new way for employees to sue their employers. Under this proposed law, an employee or former employee could sue for a "hostile work environment." Damages could include up to $25,000 for emotional distress.
The bill would also make employers liable for third party acts of other employees. In short, this bill is a trial lawyers dream. It would be just one more thing a disgruntled employee would throw at their employer in a lawsuit.
The Montana Chamber led the opposition testimony by pointing out that Montana already has the most employee friendly laws in the country. Employees can already sue their employers for infliction of emotional distress, human rights violations, wrongful discharge and constructive discharge. Montana is the only country in the nation without at-will employment. We have enough torts/causes of action that address all of the concerns of the bill.
And then they wonder why Montana is viewed as an unfriendly place to do business . . . Remember, most of the current unanticipated budget excess is related to business activity - whether increased oil & gas revenues, corporate income tax, or personal income tax. The last is, of course, comprised of sole proprietors and others filing as Schedule C, ag producers filing on Schedule F, wages (paid by businesses), retirement income (usually paid by business), and/or investment returns (derived from business). When will people connect the dots?
Posted by: Webb | January 18, 2007 at 11:05 AM
Montana will never achieve real growth with this type of legislation. It's too bad.
Posted by: Chris | January 18, 2007 at 04:03 PM