Receiving an adverse action notice after a background check is a stressful and confusing experience. However, it’s important to know this is not the end of the road. Understanding your rights and knowing how to respond can help you navigate this situation effectively. Here’s a step-by-step guide on how to respond to an adverse action notice.
What is an Adverse Action?
A background screening adverse action occurs when an employer decides not to hire you based on information found in your background check. This decision could result from a variety of issues, such as a criminal record, poor credit history, or discrepancies in your employment history. The Fair Credit Reporting Act (FCRA) requires employers to follow specific procedures when taking an adverse action based on a background check, all geared towards giving applicants a fair chance to respond.
Review the Pre-Adverse Action Notice
Before taking final action, the employer must send you a pre-adverse action notice. This notice includes a copy of your background check report and a summary of your rights under the FCRA. Carefully review this information to understand what issues the employer identified and why they are considering not moving forward with your application.
Check for Accuracy
One of the most important steps you can take is to verify the accuracy of the information in your background check. Errors in these reports are not uncommon, and they can significantly impact your job prospects. If you notice any inaccuracies, such as outdated information, mistaken identity, or incorrect details, you have the right to dispute these errors with the background check company.
Dispute Any Errors
If you find inaccuracies in your background check, you should immediately contact the background check company to dispute the information. The company is legally required to investigate your dispute, typically within 30 days, and correct any errors. Notify the employer you are disputing the report so they can hold off on making a final decision until the dispute is resolved.
Provide Context or Clarification
If the information in the report is accurate but still a concern for the employer, consider providing additional context or clarification. For example, if there is a criminal record, you might explain the circumstances, highlight the time that has passed, and demonstrate how you’ve rehabilitated since then. Employers are often willing to consider mitigating factors, especially if you can show the issue will not affect your ability to perform the job.
Follow Up
After you’ve disputed errors or provided additional information, follow up with the employer. Make certain they received the corrected report or additional context you provided. Reiterate your interest in the position and your qualifications. Persistence and clear communication can sometimes make a difference in the employer’s final decision.
Understand Your Rights
If the employer decides to proceed with the adverse action, they must send you a final adverse action notice. This notice will confirm you are not being hired based on the background check and will include information on how to obtain another free copy of your report and your right to dispute the information with the background check company.
Know How to Respond
Receiving an adverse action notice can be disheartening, but it’s essential to remain proactive. By understanding your rights, reviewing the background check for accuracy, and providing additional context, you can respond effectively and potentially turn the situation around. Remember, a background check is just one part of the hiring process, and how you respond demonstrates your professionalism and commitment to potential employers.