Michigan Protects Employers from Negligent Hiring and Retention Claims
On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana , Georgia , Tennessee, and Texas recently passed similar laws.
The Michigan law specifically provides that, in an action seeking damages for personal injury, property damage, or wrongful death, a “certificate of employability” may be introduced as evidence of an employer’s due care in hiring or retaining an ex-offender (so long as the employer knew of the certificate at the time of the decision). And, where the claim requires proof that the employer was negligent in hiring by disregarding a prior criminal conviction, a certificate of employability conclusively establishes that the employer was not negligent (so long as the employer knew of the certificate at the time of hire).
Source: Proskaur http://www.lawandtheworkplace.com/
W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.
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