You know something most employers do not if you know that, under certain circumstances, Michigan law imposes liability upon an employer for the criminal acts of its employee. Where the employer knew or should have known that the employee had violent or criminal propensities, the employer may be held liable.
Should you grill the prospective employee regarding his or her criminal history? This may be inadvisable because Michigan civil rights statutes and Federal Equal Employment Opportunity Commission (EEOC) guidelines restrict the scope of criminal history information that an employer may use in screening prospective employees. Generally, an employer in Michigan may inquire regarding an employee's criminal convictions and may also inquire whether a prospective employee has an outstanding felony warrant. But employers may not make hiring, placement, promotion, or other employment decisions based upon an arrest which did not result in a conviction. (Such decisions by police agencies
