Preemployment Screening and Testing: Mississippi

Federal law and guidance on this subject should be reviewed together with this section.

Author: Je'Nell Blocher Blum, Dukes, Dukes, Keating & Faneca, P.A.

Summary

• An employer will be liable for the negligent hiring of an employee if that employee injures a third party and the employer knew or should have known of the employee's incompetence or unfitness. See Negligent Hiring.
• Criminal background checks are required for certain types of employment positions, particularly when they involve the care and/or supervision of children or the elderly. See Mandatory Screenings.
• An employer may request a criminal records history of an applicant if the applicant provides written consent. See Arrest and Conviction Records.
• Mississippi law requires all employers to register with and utilize the federal E-Verify Program to verify the employment authorization status of all newly hired employees and only hire employees who are legal citizens of the US or who are legal aliens. See E-Verify.
• An employer may require a job applicant to submit to a drug and alcohol test as a condition of employment and may use an applicant's refusal to submit to a test or positive confirmed test result as a basis to not hire them. See Drug and Alcohol Testing.