10-1-1015. Procedure for filing complaint. (1) A person entitled to rights or benefits under this part and who claims that an employer has failed or is about to fail to comply with the provisions of this part may file a complaint with the department as provided in this section.

Terms Used In Montana Code 10-1-1015

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the department of labor and industry established in 2-15-1701. See Montana Code 10-1-1003
  • Employer: means any public or private person or entity providing employment in Montana. See Montana Code 10-1-1003
  • Member: means a member of the state's organized militia provided for in 10-1-103 or a member of the national guard of another state. See Montana Code 10-1-1003
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203

(2)A complaint under this section must be:

(a)filed within 15 days after the member discovered the actions or practice alleged to constitute an employer’s failure or imminent failure to comply with the provisions of this part; and

(b)submitted in writing to the department in a manner prescribed by the department.

(3)The department shall, upon request, provide technical assistance to a person wishing to file a complaint pursuant to this section.