Michigan Guidelines for Performing Reference Checks

State:
Multi-State
Control #:
US-174EM
Format:
Word; 
Rich Text
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Description

This form provides guidelines for reference checks when hiring new employees.

How to fill out Guidelines For Performing Reference Checks?

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FAQ

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.

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Michigan Guidelines for Performing Reference Checks