INDUSTRY NEWS

Michigan employers who hire ex-offenders protected under new law

Effective Jan. 1, employers in Michigan can cite a "certificate of employability" in cases seeking damages or cases that invoke negligent hiring or retention claims for employing ex-offenders.

The certificate, which is issued by the state’s Department of Corrections, factors in an individual’s criminal history, behavioral record, skills and vocational training and education.

However, in cases where an ex-offender-turned-employee causes damages to an individual or property, or is convicted of or pleads guilty to a felony, an employer can be found liable for personal injury, property damage, wrongful death or other negligent retention claims if it can be established that the employer knew of the danger or conviction yet still willfully chose to retain the employee.

Similar laws have recently been passed in Louisiana, Georgia, Tennessee and Texas.

Source: Law and the Workplace, 1/15/2015

Posted: February 2, 2015