Law helps shield employers relying on certificates of relief

North Carolina lawmakers recently passed a law designed to help shield employers from certain claims filed in connection with their hiring or retention of employees with criminal records. The law provides that an employer that relies on a certificate of relief—i.e., a court order relieving a person with a criminal record from the collateral consequences of his conviction(s)—in deciding to hire or retain an employee with a criminal record is immune from claims of negligent hiring or retention. To take advantage of the protections provided by the law, which will become effective December 1, 2018, an employer should document both its knowledge of the certificate's existence and the fact that it relied on the certificate in hiring or retaining the individual.

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