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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.).
How Far Back Can Employers Do Background Checks in Michigan? The FCRA has put the seven-year rule into place, which provides a limit of seven years for all arrests not resulting in a criminal conviction. This rule also applies to civil lawsuits, collections, or bankruptcies.
Common Reasons for Disqualification:You have a poor employment history.You lied on your resume, or there are inconsistencies.You have a criminal history.You received bad references from previous employers.You have a poor credit history.You failed a drug or alcohol test.You have a bad driving record.More items...
Do I Have to Give My Approval for a Background Check? Even though state laws allow employers to run an employee background check, it does not give them permission to do so without the employee's consent. Employers must notify job applicants in writing that a background check will be run.
How Far Back Do Background Checks Go In Michigan? When running a background check, Michigan law conforms to FCRA guidelines. This means that certain records and information can only go back seven years. This regulation applies to any type of consumer report, not just those run by an employer or other professional.
Unlike in the West, background verification in India is not regulated, and there are no specific laws to govern it. In the US, companies need to be compliant with regulations such as the Fair Credit Reporting Act (FCA), which has provisions for background screening by employers.
The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.
The most common background checks consist of criminal history, education, previous employment verifications, and reference checks. These reports could also include results of pre-employment drug testing. The goal is for an employer to feel confident a new hire will not bring foreseeable trouble to the workplace.
Some employers are required to conduct criminal history background checks on potential hires. However, unless required by law, it is a violation of Title VII of the US Civil Rights Act for employers to have a blanket policy of not hiring or accepting applications from anyone with a criminal conviction.
Post-hire background checks can help your company avoid being legally liable for employee misconduct, and can also help maintain a safer, more comfortable work environment for everyone. However, as with pre-employment screenings, there are some important moral and legal factors to take into consideration.