Montana Code Annotated 2021



Part 5. Termination of Employment

Termination By Death Or Incapacity Of Employer

39-2-502. Termination by death or incapacity of employer. (1) An employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of:

(a) the death of the employer; or

(b) the employer's legal incapacity to contract.

(2) An employee, unless the term of service has expired or unless the employee has a right to discontinue it at any time without notice, shall continue service after notice of the death or incapacity of the employer, to the extent necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to the successor. The successor shall compensate the employee for the service according to the terms of the contract of employment.

History: (1)En. Sec. 2700, Civ. C. 1895; re-en. Sec. 5271, Rev. C. 1907; re-en. Sec. 7786, R.C.M. 1921; Cal. Civ. C. Sec. 1996; Field Civ. C. Sec. 1026; re-en. Sec. 7786, R.C.M. 1935; Sec. 41-301, R.C.M. 1947; (2)En. Sec. 2702, Civ. C. 1895; re-en. Sec. 5273, Rev. C. 1907; re-en. Sec. 7788, R.C.M. 1921; Cal. Civ. C. Sec. 1998; Field Civ. C. Sec. 1028; re-en. Sec. 7788, R.C.M. 1935; Sec. 41-303, R.C.M. 1947; R.C.M. 1947, 41-301, 41-303; amd. Sec. 1473, Ch. 56, L. 2009.