Non-Physical Injury Claims

Employment Claims, Consumer Protection, and other Non-Physical Injury Claims

Duckworth Law is a litigation or trial-based law firm, meaning we can likely handle any type of claim involving a lawsuit. Obviously, not every lawsuit involves a physical injury, and there are other types of “injuries.”

One common type of claim stems from an employment situation gone bad, often called wrongful discharge or wrongful termination. Perhaps you are wrongly fired from your job, or worse, discriminated against based on race, sex, age, gender, etc. You certainly suffered an injury in the form of lost wages, emotional damage, humiliation, and other damages. We handle many employment claims.

Most claims take the form of wrongful discharge, which is governed largely by the Montana Wrongful Discharge from Employment Act.  Wrongful discharge claims are tough, and the Montana legislature has not been kind to Montana workers.  

Wrongful discharge is not the only type of possible employment claim.  We also handle claims with the Montana Human Rights Bureau (HRB). The HRB is charged with investigating claims of discrimination, including age, marital status, physical or mental disability, race, color, religion, sex, pregnancy/maternity, familial status, political ideas, and retaliation.

We see many employment claims involving disability discrimination as a result of our practice representing injured people and workers’ compensation claimants. Employers often play games with disabled individuals and unfairly treat disabled people, resulting in illegal discrimination. We also handle other forms of claims stemming from illegal discrimination with the Human Rights Bureau.

Consumer Protection is another form of legal claim we handle at Duckworth Law. A consumer protection claim stems from “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce…” MCA 30-14-103. Put simply, this is when a business or person takes advantage of you in some way during a transaction.

Again, you may not suffer a physical injury, but you certainly suffer monetary injury. For example, if you buy a lemon RV from a shady dealer, you may have a claim under the Montana Consumer Protection Act. Perhaps a bank or credit card company takes advantage of you. Montana has strong laws against businesses that defraud consumers. If you believe you may have been taken advantage of by a company or individual, call us at Duckworth Law to discuss your situation.