Post employment inquiries - Michigan

Summary of differences between federal and state regulations

In Michigan, an employer may disclose to a prospective employer or an employee upon request information about employee job performance documented in a personnel file, unless he/she is not acting in good faith. An employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer discloses information:

• It knew to be false or misleading,
• With recklessness, or
• That was prohibited by statute.

An employer may not share with a prospective employer a disciplinary report, letter of reprimand, or other disciplinary action about an employee/former employee without the employee/former employee’s written request, unless a government agency is the requester for an employee/former employee claim/complaint. An employer must review personnel records before sharing them with others, unless the records are requested for legal action or arbitration activities. An employer must delete disciplinary reports, letters of reprimand, and disciplinary actions, if they are over four years old.

State

Contact

Michigan Department of Labor and Economic Growth

Regulations

Michigan Statute 423.451, Definitions

Michigan Statute 423.452, Disclosure of information relating to employee’s job performance; immunity; exception

Michigan Statute 423.506, Divulging disciplinary report, letter of reprimand, or other disciplinary action; notice; exceptions

Michigan Statute 423.507 Review of personnel record before releasing information; deletion of disciplinary reports, letters of reprimand, or other records; exception

Federal

Contacts

None.

Regulations

None.