Delaware Sample Pre-Adverse Action Letter Regarding Application for Work or Employment

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Control #:
US-FCRA-04
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Description

This letter is used by an employer who users consumer reporting information to screen applicants in order to comply with the requirements of the Fair Credit Reporting Act. A covered employer must give the individual a pre-adverse action disclosure that includes a copy of the individual's consumer report and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act."

How to fill out Sample Pre-Adverse Action Letter Regarding Application For Work Or Employment?

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FAQ

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.

The following are examples of adverse actions employers might take: discharging the worker; demoting the worker; reprimanding the worker; committing harassment; creating a hostile work environment; laying the worker off; failing to hire or promote a worker; blacklisting the worker; transferring the worker to another

As you are aware, the Fair Credit Reporting Act (FCRA) requires providing the consumer with both a pre-adverse and adverse action letter any time a report is used in a hiring decision. The FCRA has no specific requirement to provide these letters via the mail, so the use of email is an acceptable alternative.

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.

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.

A creditor must notify the applicant of adverse action within: 30 days after receiving a complete credit application. 30 days after receiving an incomplete credit application. 30 days after taking action on an existing credit account.

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

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.

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...

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.

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Delaware Sample Pre-Adverse Action Letter Regarding Application for Work or Employment