Negligent Hiring: Montana

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Jason Ritchie, Holland & Hart LLP

Summary

• Montana recognizes a claim for negligent hiring against employers. See Elements of a Negligent Hiring Claim.
• Negligent hiring claims only apply to acts performed outside the scope of employment. See The Scope of Employment.
• Employers are advised to conduct reasonable background checks on potential employees to ensure they are fit for a particular position. See Investigating a Prospective Employee's Fitness for the Position.