Tag Archives: criminal background checks

Job Applicant’s Lawsuit under Fair Credit Reporting Act Barred by Statute of Limitations

Employers in Michigan and surrounding states conducting background reports on job applicants received a favorable decision from the Sixth Circuit Court of Appeals when it comes to limiting liability for claims under the Fair Credit Reporting Act (FCRA). The decision was issued on February 18, 2016, in the case Rocheleau v. Elder Living Constr., LLC … Continue Reading

Proposed Michigan Bill Would Make it Easier for Individuals to Clear Convictions from Records

Michigan’s Senate Judiciary committee is scheduled to consider a bill tomorrow that would make it easier for individuals previously convicted of certain crimes to have their records expunged. Specifically, Michigan House Bill 4186 would allow individuals convicted of a single felony or a couple of misdemeanors to apply to have them removed from their record.  Notably, … Continue Reading

Target Eliminates use of “Check the Box” in Relation to Job Applications and Criminal Background Checks

Job applications commonly have a question in the form of checking a box to indicate whether an applicant has a criminal record. If the applicant checks “yes,” the applicant is asked to explain the circumstances. In reality, however, checking the box ends the employment opportunity for the applicant because it is likely that a prospective … Continue Reading

Pre-Employment Criminal Background Checks: Learning from Pepsi’s $3,000,000 Mistake

On January 11, 2012, the Equal Employment Opportunity Commission (EEOC) reported that Pepsi Beverages agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination. This EEOC charge is a reminder that employers considering or presently using criminal background checks in hiring must tailor the program to meet  … Continue Reading

What Employers and Employees Should Understand About Conducting Background Checks

Under both federal and Michigan law, employers may generally conduct comprehensive background checks on job applicants as long as the employer has obtained the appropriate waivers and does not discriminate in the equal enforcement of the policy. Going beyond this generality, employers and employees should also consider the following: Employers should view the application process … Continue Reading

Would You Like Fries with that Identify Theft? Thoughts on Limiting Liability for Employee Misconduct

The Detroit Free Press (by Tresa Baldas) reported that a former McDonald’s employee was recently caught stealing customers’ credit card information while working the drive through. According to the criminal complaint filed in the Michigan Eastern District Court (PDF) the former employee, Teresa Pulliam, is charged with access device fraud after she was caught on video surveillance using a … Continue Reading
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