Negligent Hiring or Employment

On May 4, 2017, Montana Governor Steve Bullock signed legislation (S.B. 325), stating that a private employer who acts reasonably and complies in good faith with the law may not be held liable for negligent hiring or negligent employment for acts committed by an employee with a criminal record, if the acts are committed outside the scope of the employment and any of the following apply:

  • The employer reviewed an arrest record prior to hiring that did not show a disposition of the case or that indicated an acquittal or a dismissal.
  • The conviction was for a misdemeanor offense or an offense that was not related to the employment.
  • The employee with a criminal record is under the supervision of the Probation and Parole Division of the Department of Corrections and the employment has been approved by the supervising officer.

The law is effective July 1, 2017.

Read MT S.B. 325