Rothwell v. Allstate Insurance

¶1 The United States District Court for the District of Montana, Great Falls Division, has certified to this Court the following question:

Whether the provisions of § 39-2-701(1X1995), MCA, that “[a]n employer must indemnify his employee ... for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such or of his obedience to the directions of the employer,” are validly subject to waiver by an employee by way of a provision in the employer’s standard written contract of employment whereby the employee purports to agree to accept less than full…