Terminated After Background Check in Michigan

[Threetenns4me]

My question involves labor and employment law for the state of: Michigan

I was hired for a summer job at a local resort. I was employeed for only four weeks. I recieved a phone call from my manager saying I failed a background check and that I lied about it. I checked the box on my application stating I have a felony conviction. He never asked me about it nor even questioned hiring me. My interview lasted all of 5 min. and he hired me on the spot.
My felony is for embezzlement, I have paid all of my restitiution and successfully completed probation. It has been five years since I have been off probation.

While I know Mchigan is an at will state and they can fire me for any reason. I did not lie once about my felony, I was never notified nor did I sign any release forms for a background check. Another problem I am having is that management has told several employees that I ws fired for lieing about my felony conviction. Is this legal?

[eerelations]

There are no laws requiring employers to obtain signed releases from their employees in order to conduct criminal background checks. There are also no laws prohibiting employers from telling a fired employee's former coworkers falsehoods about the reason the employee was fired.

This situation falls squarely in the middle of the at-will concept. You do not have a case for wrongful termination, not even close.

[cbg]

There are no laws requiring employers to obtain signed releases from their employees in order to conduct criminal background checks.

Actually, that depends. If the employer is running the check personally, then I agree. But if the employer is having a third party run the check, releases are required.

[Threetenns4me]

They had another company do it for them and no I didnt sign a release form.

[cbg]

I misread your post as talking about credit checks rather than criminal background checks - sorry, I didn't mean to mislead you. However, MI does have certain restrictions on the use of criminal record checks in employment; you can try talking to the Michigan Civil Rights Commission and see what they say.

[Betty3]

Michigan:
ELLIOTT-LARSEN CIVIL RIGHTS ACT (EXCERPT)
Act 453 of 1976


37.2205a Employer, employment agency, or labor organization; record of information regarding misdemeanor arrest, detention, or disposition; failure to recite or acknowledge information; “law enforcement agency” defined.

Sec. 205a.

(1) An employer, employment agency, or labor organization, other than a law enforcement agency of this state or a political subdivision of this state, shall not in connection with an application for employment or membership, or in connection with the terms, conditions, or privileges of employment or membership request, make, or maintain a record of information regarding a misdemeanor arrest, detention, or disposition where a conviction did not result. A person is not guilty of perjury or otherwise for giving a false statement by failing to recite or acknowledge information the person has a civil right to withhold by this section. This section does not apply to information relative to a felony charge before conviction or dismissal.

(2) As used in this section, “law enforcement agency” includes the state department of corrections.