Separation Agreements Lawyer in Bozeman, MT

If asked to name the biggest reasons that Montana is the best place to live, you would probably cite the scenic views, the sense of community, the food, and the relatively affordable cost of living. You probably would not mention that Montana is the best place to work for an employer that does not especially like you, because you probably take this for granted. Unlike most other states, Montana does not follow the rule of at-will employment. In at-will employment states, unlike in Montana, your employer has the right to fire you for no reason, unless you have an employment contract. Discrimination and retaliation are still illegal in at-will states, but in an at-will state, the burden of proof is on you to show that your employer fired you because of a protected characteristic or protected activity, instead of just because.

In Montana, employers cannot fire employees “just because;” instead, they must provide a justifiable reason for firing employees, even if the employee does not have a contract. When it is the employer’s decision to end the employment relationship, employers sometimes ask employees to sign a separation agreement to prevent legal disputes. The Bozeman separation agreements lawyers at HKM Employment Attorneys LLP can help you decide whether to accept, reject, or negotiate a separation agreement if your employer offers you one.

What is a Separation Agreement?

A separation agreement is a legally binding agreement that sets the terms of the end of the employment relationship. Employers offer a separation agreement when the employment relationship ends on the employer’s initiative, usually when there was no contract to begin the employment relationship. If the parties signed a contract when the employer hired the employee, the contract usually contains provisions about the rights and obligations of both parties in the event of an employer-initiated termination of the employee’s job. In some cases, the employer may draft a separation agreement that abrogates those provisions.

No two separation agreements are identical, but a feature they both share is that the employee promises not to sue the employer for wrongful termination. In exchange, the employer promises to pay the employee a severance package. The severance package includes money, usually equivalent to several months’ worth of the employee’s salary, either paid in installments or as a lump sum. It usually also includes continued health insurance coverage for six months to a year after the employee’s last day of work. Some severance packages include other benefits, such as letting the employee keep the car, computer, or phone that the employer issued to them, or the option to buy the employer-issued equipment at a discounted rate.

If Your Gut Is Telling You Not to Sign a Separation Agreement, You Should Listen

Most employees who receive an offer of a separation agreement sign it without hesitation. If you are losing your job anyway, isn’t it better to get a severance package than to walk away empty-handed? Remember, though, that employers offer separation agreements to make it look like they are not firing you. Sometimes, some or all of the employees get separation agreements and severance packages when the company goes out of business entirely or when another company buys the employer, and retaining the employer’s employees is not part of the terms of the merger. Other times, employers offer separation agreements when financial constraints require them to reduce their workforce. If you are one of many employees at your workplace who are losing their jobs at the same time, then signing the separation agreement is probably the best option.

Regardless of whether you have an employment contract, it is against the law for employers to terminate your employment for discriminatory or retaliatory reasons. Discrimination is when an employer fires you, or otherwise takes an adverse action against you, because of a protected characteristic such as your race, religion, age, sex, or disability. Retaliation is when an employer fires you, or otherwise takes an adverse action against you, because of a protected activity, such as requesting disability accommodations or reporting a workplace safety hazard to the Occupational Safety and Health Administration (OSHA). Your employer might make excuses about corporate restructurings and financial constraints, but if you suspect that your employer fired you because of who you are or because you exercised a legal right of yours, then you should not sign the separation agreement, at least not until after you discuss the matter with a Bozeman employment lawyer.

If You Choose Not to Sign the Separation Agreement Your Employer Offers You, What are Your Other Options?

It is easy to feel like you have no choice but to sign the separation agreement that your employer offers, especially if the income you earn at your job is the main source of income for your family. No matter the circumstances, you should ask for a few days to read the agreement carefully before you sign. Unless you are sure that your employer is being transparent about their intentions in ending the employment relationship, you should also review the agreement with a lawyer.

If you believe that discrimination or retaliation is the reason that your employer terminated your employment, even if your employer denies this, you should not sign the agreement or accept the severance offer. If you sign the agreement, you waive the right to file a discrimination or retaliation claim arising from the termination of your employment. If you do not think that your job loss is due to discrimination or retaliation, and layoffs at your organization are inevitable, you should still read the separation agreement carefully before you sign. An employment lawyer can help you negotiate for a better severance package.

Contact HKM Employment Attorneys LLP About Separation Agreements

The Bozeman employment lawyers at HKM Employment Attorneys LLP, can counsel you about separate agreements and severance pay and help you negotiate for an adequate severance package.  Contact the employment lawyers at HKM Employment Attorneys LLP in Bozeman, Montana, to set up a consultation.

BOZEMAN EMPLOYMENT LAW ATTORNEYS

HKM Employment Attorneys LLP

233 East Main Street
Suite 400
Bozeman, MT 59715
Phone: 406-380-3800

BOZEMAN PRACTICE AREAS

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Carter N profile picture
Carter N
September 29, 2026
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Jennifer and the rest of the team at HKM did an exceptional job, I highly recommend them
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John Horan
September 25, 2026
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I had an excellent experience working with Tony Purcell and Sunny at HKM. My situation was very time-sensitive, and they were incredibly responsive, professional, and helpful throughout the process. They understood the urgency, got back to me promptly, and provided clear guidance when I needed it most. I truly believe the work they did made a meaningful difference in my situation. I’m very grateful for their help and would highly recommend Tony, Sunny, and the team at HKM to anyone looking for knowledgeable and responsive employment attorneys.
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Chase Richardson
September 22, 2026
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Highly recommend their services. Tony was the perfect balance of professional, straightforward, and knowledgeable. Very pleased with their representation.
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Africa Jones
September 22, 2026
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To say that the attorneys at HKM are wonderful is actually an understatement. I was guided towards their office during a very awful and difficult time in my life. Sunny listened to me. She believed in me, she did not sit in judgement, and was very respectful. Her responsiveness to any question or concern I had during the process was unmatched. Sunny & Tony helped me to resolve my issue. Their professionalism is amazing. They are so easy to communicate with especially when you are very nervous. I would recommend them hands down to anyone. Also if I am ever faced with an issue again, I would not hesitate to reach out again. Thanks so much for all you both do! Best team!
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Damien Clark
September 20, 2026
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Exceptional employment attorneys Zac was amazing in all aspects up most professional but had wonderful patience with me aswell which I appreciate greatly thank you Zac and hkm.
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Brian Hausner
September 19, 2026
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The best employment Attorneys you can ask for! Dana was amazing to work with, always positive and supportive, provided the expertise needed with her team to ensure a successful outcome!
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Sarah McCann
September 15, 2026
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Jill is amazing. I hired her during a really awful employment situation and she made the entire thing so much less stressful. She listened, she believed me, and she handled things I had been trying to deal with on my own for way too long. She’s smart, straightforward, and also SO funny. There were definitely times I got off the phone with her laughing when I had called completely stressed out. She got me through a situation I never want to deal with again and I’m incredibly grateful for her. The only downside to everything being over is that I actually miss talking to her 😂 10/10 attorney. Hopefully I never need her again.
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Josh Burlison
September 13, 2026
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I had Cody Reinberg represent me and am very happy with the results. He was responsive, supportive, and put pressure where it was needed.
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Josh
September 11, 2026
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I worked with Jeff Hackney at HKM and would highly recommend him as someone who understood my situation and resonated with me at a personal level that I felt like cared about me as a person. I feel good knowing that he advocated for me as best as possible and that's all you can ask for in attorney, someone that understands you and will advocate on your behalf. I've referred people to Jeff and will continue to do so in the future as appropriate.
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Katie Smith
September 10, 2026
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I'm so grateful for the team at HKM! EVERY single one of them. If I ever have any other issues I will definitely reach out to them. I highly recommend!
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Brian Hume
September 8, 2026
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Delighted with responsiveness, quality of service and guidance provided. Interfaced with Mr Brad Thoenen - Managing Partner. Would have no question in using again or recommending. Thank you.
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Kasey Osborn
September 7, 2026
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Jill and Brian were my attorneys and I can confidently say they were awesome. I would highly recommend them to anyone.