Negligent Hiring: Montana
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Jason Ritchie and William Dabney, Holland & Hart LLP
- 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.