Running a background check on a new hire? Makes sense. An employer has a duty to avoid negligent hiring, to prevent security data breaches, and to ensure workplace safety.
But things can get a little tricky when you’ve found that one-of-a-kind candidate, can’t wait to make that job offer—and then, a negative history on the potential new hire surfaces.
If the negative history for the new hire is confirmed, your company will decide whether the issue pertains to its criteria for new hires.
Ensure Reasonable Time, With a Pre-Adverse Action Notification to the New Hire.
Provide a Pre-Adverse Action notice to the new hire. This means explaining that the job offer to the new hire may be rescinded on account of details in the background check. Give the individual a copy of the report with the name and contact details for the firm that performed the check, and a copy of their rights under the FCRA, plus a reasonable time (generally 5 business days) to examine the report and respond.
If your new hire explains or disputes the findings, and the record is corrected, then you are set, and your employee has had an important issue fixed.
The Adverse Action Notice: Retract the Job Offer, In Writing.
The letter must state that the retraction is based wholly or partly on information in the background report, and that the company performing the background check was in no way involved in the adverse decision, and is not able to provide reasons for it.
The individual is entitled to a second (free) report within 2 months, and should be informed of this.
If you are a client of Screening Intelligence, we will reinvestigate for you, should your applicant dispute any detail of their background check.
We Always Apply Due Diligence.
As a member in good standing of the National Association of Professional Background Screeners, we adhere to strict standards of legal and professional responsibility.
When we find negative details, we first rule out false positives. Mistaken identity can occur. This is a key reason to choose a background check company with an outstanding reputation.
On behalf of your business, Screening Intelligence always uses sound procedures, so you draw the right conclusions—as the federal Fair Credit Reporting Act requires. We scour data from all states, and can send court researchers to every county court in the USA to check court records.
Support your company’s best interests. Contact us.
Disclaimer Statement: All information presented is never intended as legal advice and is for information purposes only.