Montana § 39-2-710 Legal Protections In Relation To Employing Individuals With Criminal Records

Montana Statutes

§ 39-2-710 — Legal Protections In Relation To Employing Individuals With Criminal Records

Montana § 39-2-710

Title 39LABOR

Ch. 2THE EMPLOYMENT RELATIONSHIP

Part 7General Liability Arising From Employment Relationship

This text of Montana § 39-2-710 (Legal Protections In Relation To Employing Individuals With Criminal Records) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 39-2-710 (2026).

Text

39-2-710 . Legal protections in relation to employing individuals with criminal records. A private employer who acts reasonably and complies in good faith with this section may not be held liable regarding claims of 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:

(1)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;

(2)the conviction was for:

(a)a misdemeanor offense; or

(b)an offense that was not related to the employment; or

(3)the employee with a criminal record is under the supervision of the probation and parole division of the department of corrections and the employment

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39-2-710 . Legal protections in relation to employing individuals with criminal records. A private employer who acts reasonably and complies in good faith with this section may not be held liable regarding claims of 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:
(1) 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;
(2) the conviction was for:
(a) a misdemeanor offense; or
(b) an offense that was not related to the employment; or
(3) 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.