Michigan Guidelines for Performing Reference Checks provide a comprehensive framework for employers to conduct reference checks during the hiring process. These guidelines aim to ensure fair and informed hiring decisions, upholding the principles of equal opportunity and employment laws. Adhering to Michigan's reference check guidelines is crucial for employers to maintain compliance and avoid potential legal issues. The primary objective of the Michigan Guidelines for Performing Reference Checks is to gather accurate and relevant information about job applicants from their former employers, supervisors, or colleagues. By obtaining feedback on an applicant's skills, work ethics, and performance from reliable sources, employers can make well-informed decisions regarding their suitability for the job position. These guidelines emphasize confidentiality, as employers must approach the reference-checking process with care and respect for the privacy of all parties involved. The information obtained during the reference check should be treated as highly sensitive and kept strictly confidential, ensuring that it is only shared with individuals directly involved in the hiring process. Michigan also encourages employers to provide applicants with an opportunity to review and respond to any reference check information provided by their former employers. This ensures fairness and allows applicants to address any inaccuracies or misleading statements that may have been made during the reference check. Although there are no specific types of Michigan Guidelines for Performing Reference Checks, employers must be aware of and comply with federal equal opportunity laws, such as the Civil Rights Act of 1964 and the Americans with Disabilities Act. These laws prohibit discrimination based on factors such as race, gender, age, disability, religion, and national origin, extending to all aspects of employment, including reference checks. To conduct a thorough and lawful reference check in Michigan, employers should follow these guidelines: 1. Obtain written consent from the applicant before contacting any references. 2. Prepare a list of relevant questions that cover the applicant's skills, qualifications, work history, and performance. 3. Contact the provided references directly, avoiding third-party channels to ensure accuracy and reliability. 4. Document all reference check interactions, maintaining records for future reference and for addressing any discrepancies or legal issues. 5. Keep reference check information confidential, limiting access to authorized individuals involved in the hiring process. 6. Provide the applicant with an opportunity to review and respond to reference check information, allowing them to address any inaccuracies or misleading statements. In summary, Michigan Guidelines for Performing Reference Checks provide a framework for employers to conduct fair and informed reference checks during the hiring process. By following these guidelines and adhering to federal equal opportunity laws, employers can gather reliable information and make well-grounded hiring decisions while mitigating legal risks.
Michigan Guidelines for Performing Reference Checks
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The new law expands eligibility to petition for an expungement in several ways, and creates a new process that will automatically seal certain non-violent conviction records if a person has remained conviction-free for a period of time (seven years for misdemeanors, 10 years for felonies).
Information that is seven or more years old about an applicant's arrests not leading to convictions, liens, civil judgments, collections, civil lawsuits, and bankruptcies will not be disclosed on pre-employment background screens.
What kinds of convictions are not eligible to be expunged?All offenses punishable by life imprisonment.Assault with intent to commit criminal sexual conduct.Child sexually abusive material or activity offenses.Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence.More items...?
The new law expands eligibility to petition for an expungement in several ways, and creates a new process that will automatically seal certain non-violent conviction records if a person has remained conviction-free for a period of time (seven years for misdemeanors, 10 years for felonies).
The best time to conduct a reference check is after you have completed interviews. 2. Checking references may be time consuming so only check your top candidates that have been identified as potential hires.
When Do You Check References?After you have interviewed all candidates whom you would consider hiring, and selected your final candidate.Do not attempt to obtain references before receiving permission from the candidate or before deeming them as a final candidate.More items...
The act of performing a reference check or checking references happens after an on-site interview is completed (the second interview). And when the prospective employer has made a temporary hiring decision about the candidate and decides to check references before making a job offer for employment.
The Legality of Reference Checks There are no federal laws preventing them from giving you more info on your candidate, just company policies aimed at reducing risk of liability for discrimination and/or defamation.
Michigan has a reference immunity law. Under Michigan law, employers are immune from liability if they, in good faith, provide information from the employee's personnel file in response to a request from the current or former employee or the prospective new employer (Mich. Comp. Laws § 423.451 et seq.).
Michigan Law has long provided that individuals convicted of most state criminal offenses could be expunged or set aside, under certain circumstances and if certain pre-conditions are met. Offenses that could not be expunged or set-aside included offenses like murder, criminal sexual conduct or any traffic offense.
