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In an employment situation, adverse action is anything that changes your employment situation in a negative way. The term is mostly applied to the hiring process, when the employer decides against hiring a candidate due to information discovered in an employment background check or even in a consumer report.
According to federal law, an adverse action notice can be made orally, electronically or in writing. In many cases, you can expect to receive a letter in the mail within seven to 10 business days of the denial.
It must include information about the credit bureau used, an explanation of the specific reasons for the adverse action, a notice of the consumer's right to a free credit report and to dispute its accuracy and the consumer's credit score.
If, after the candidate has issued a response to the pre-adverse action letter and requested necessary corrections to their background check document, you still decide that you will not hire the candidate based on the contents of a background check, you must issue an official adverse action notice, which explains your
Pre-adverse action letters are not required by the FCRA. With the implementation of California Government Code 12952 on January 1, 2018, employers must now provide specific information on pre-adverse action letters.
The pre-adverse action letter will serve as a notice to relay this information to the applicant. Sending this Pre-Adverse Action Notice will notify the applicant that the information obtained from their background check may affect the decision of their employment negatively.
Continue with the hire or take adverse action Taking adverse action is regrettable for both the organization and the candidate, but eventually you'll need to decide to rescind your job offer or proceed with hiring.
How to write an adverse action letter sample step by step.Step 1: Create the header.Step 3: Include the credit score.Step 4: Include the credit reporting agency.Step 5: Include the reasons for the denial.Step 6: Include notices of rights.Step 8: Add a personal message.Step 9: Sign the letter.
Adverse Action Notice notifies the candidate that information contained on their background report may negatively affect a decision about their employment. It is intended to give the candidate an opportunity to respond to the information contained in the report, so by law it must contain a copy of the report.
The adverse action notice must:Give notice of the adverse action;Give the name, address, and telephone number of the credit reporting agency which provided the credit report (the telephone number must be toll free if the agency compiles and maintains consumer files on a nationwide basis);More items...