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June 16, 2020

In this issue:

Part Two: What You Need to Know Before Conducting Workplace Investigations
Part Two: Lawfully Conduct Job Candidate Background Checks
New Michigan No-Fault Laws: Employees Injured in Employer-Owned Vehicles
Coronavirus Resources to Assist Michigan Employers
Upcoming Event: Webinar Provides Tips to Avoid Litigation

Part Two: What You Need to Know Before Conducting a Workplace Investigation in Michigan

Conducting a workplace investigation is a challenging and risk-filled endeavor for all employers. It is imperative that businesses move quickly and decisively to investigate allegations of wrongdoing.

Part One of this series dealt with the scenarios of what warrants an investigation and why employers should conduct workplace investigations. Part Two discusses what to do when a complaint has been filed and what actions should be taken following an investigation...

Part Two: Stay on the Right Side of the Law When Conducting Job Candidate Background Checks

Michael R. Blum

In the past, background checks on prospective employees were done as a matter of course by employers. The only real risk employers faced was missing a red flag in a candidate’s background, resulting in a poor hiring decision. However, in the wake of new legislation, employers must take great care to avoid liability while filtering out information about their job candidates during the hiring process.

In Part One of this series, we discussed the ins and outs of conducting both Criminal and Fair Credit Reporting Background Checks. This article discusses social media background checks, medical examinations/drug testing and background check best practices...

Michael R. Blum

What the New Michigan No-Fault Laws Mean for Employees Injured in Accidents while Occupying an Employer- Owned Vehicle

Stefania Gismondi

On May 30, 2019, Governor Gretchen Whitmer signed a bill that dramatically reformed the No Fault Act. The legislation made sweeping changes to laws that had existed for decades. Many of these changes will apply to automobile insurance policies renewed or issued after July 1, 2020.

The new coverage levels do not affect wage loss, replacement services (or assistance with household chores), or survivor loss benefits, and such benefits still statutorily expire three years after an accident regardless of the insurance coverage level purchased.

The reforms may raise questions for employees driving vehicles owned by their employers. What do you do if you are in an accident on the job? What do you do if you are in an accident in your employer’s vehicle? What if your spouse is in an accident while driving a vehicle owned by your employer? Here are answers to some of the questions you may have...

Coronavirus Resources to Assist Michigan Employers

During these difficult times, the Foster Swift law firm has been consistently updating a resource page relevant to the current pandemic and its impact on Michigan's small businesses, employers, financial institutions, municipalities and other entities. This resource page is dedicated to providing attorney-written articles and recorded podcasts/webinars, along with other online resources relevant to Coronavirus/COVID-19 and its impact on numerous aspects of professional life.

Please note that while the articles on the resource page were accurate at the time of their publishing, due to constantly evolving COVID-19 laws and regulations, please consult your attorney and/or advisor to make sure you have the most current information available before taking action.

Webinar Provides Tips to Avoid Potential Litigation

June 25, 2020

The novel coronavirus has hit businesses and individuals hard, and analysts predict that the courts are going to be flooded with lawsuits: employees suing employers, businesses suing businesses, businesses suing insurers, just to name a few. Businesses, employers, municipalities and other entities should be asking:

Have we been taking steps to minimize the risk of litigation during this global pandemic?
What do we do if a process server or sheriff just handed over a summons and a complaint?

Foster Swift business and municipal attorney, Mark Koerner, will be presenting a webinar on civil litigation to help with some of these concerns. This session will provide attendees with helpful steps to minimize the risk of litigation, as well as detail the litigation process itself from start to finish. More information and registration in the link below...

Foster Swift Collins & Smith, PC E-Newsletters are intended for general information for our clients and friends. This newsletter highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how this information applies to any specific situation.

IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

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