If after sending out the pre-adverse documents required, the
employer intends to make the decision final, the employer
must take one more step.
Many employers find it difficult to believe that Congress
intended that an applicant be notified twice, both before an
adverse action and after.
However, the law clearly requires two notices.
This is also the interpretation of the Federal Trade
Commission Staff.
The purpose is to give job applicants the maximum
opportunity to correct any incomplete or inaccurate reports
that could affect their chances of employment.
The Notice of Adverse Action must contain certain
information.
The following is a sample letter that contains an example of
the necessary statements:
Final Notice Of Adverse Action
(Must be on company Letterhead)
Dear
Applicant,
In reference
to your application for employment, we regret to inform you that
we are unable to further consider you for employment at this
time.
Our decision,
in part, is the result of information obtained through the
Consumer Reporting Agency identified below.
National
Employment
Screening DBA
Premium
Background
Checks/
Background Check
Services
Attention:
Employment
Screening
Services
P.O. Box 9718
Tavernier Fl.
33070-9718
Phone: (800)
459.3034
|
|
|
|
Please
note the Consumer Reporting Agency National Employment Screening
/Premium Background Checks/Background Check Services did not
make the adverse decision, and can not explain why the decision
was made. They can only direct you to the state or county agency
reporting such information.
You have the
right to obtain within 60 days a free copy of your consumer
report from the Consumer Reporting Agency as identified above
and from any other consumer-reporting agency, which complies and
maintains files on consumers on a nationwide basis.
You have the
right to contact the Consumer Reporting Agency listed above to
dispute any information contained in the report that you believe
may be inaccurate or incomplete.
They will be
able to tell you how to contact the State, County, Municipality
or other repository source from whom the information was
obtained so that you may dispute the information you believe is
incorrect directly with the source of that information.
A copy of
your rights under the "Fair Credit Reporting Act" is enclosed,
entitled
Sincerely
yours,
Name and
title____________________________________________
