Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not (1) inquire into or consider or require disclosure of criminal record information until the applicant has been selected for an interview or, if there is not an interview, until a conditional job offer of employment has been extended to the applicant, and (2) use any form of employment application that seeks such criminal record information.
Articles Discussing Human Resources In Minnesota.
nding five years of contentious litigation, the Minnesota Supreme Court has reversed a million-dollar jury verdict for negligent misrepresentation against the head coach of the University of Minnesota (“U of M”) Men’s Basketball Team for offering an assistant coaching job to a former assistant coach only later to withdraw the offer. The University withdrew the offer after discovering the candidate’s prior recruiting violations at the University. Williams v. Smith, et al., Nos. A10-1802 and A11-0567 (Minn. Aug. 8, 2012). This decision clarifies and narrows the scope of negligent misrepresentation claims in job offer and hiring situations for both public and private employers in Minnesota.