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Are "At Will" Employers Required to Send Adverse Action Notices?

Posted by Ryan Howard on Fri, Jun 30, 2017

 

Because states handle labor and employment laws differently, there may be some confusion among employers. Recently, a VeriFirst customer from Texas asked if they are required to send adverse action notices since Texas is an "at will" employment state. While it's true that states have mandated their own FCRA laws, no employer is exempt from following federal FCRA guidelines, including adverse action notices.

To learn more about at will employment and adverse action, keep reading.

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Topics: Adverse Action Notice, FCRA Compliance, Employment Law

Adverse Action Notice: Common Compliance Questions

Posted by Ryan Howard on Thu, May 04, 2017

When taking adverse actions, following the rules is paramount.

When a background check on an applicant and/or current employee or tenant yields negative results, your next move seems obvious: Grab the next application and move on! Right? Not entirely. 

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Topics: Employee Background Screening, Adverse Action Notice, Tenant Screening, Employment Background Screening, FCRA Compliance

How to Obtain Applicant Consent and Authorization to a Background Check

Posted by Ryan Howard on Thu, May 04, 2017

Background checks are becoming more common, not only for creditors and landlords, but for employers and people looking for roommates or babysitters. A background check can eliminate people who do not meet your set criteria. Perhaps you are an employer who requires your employees to use a company car. Obtaining a driving record is a critical piece in the employment process. By utilizing background checks, you are able to feel more confident that you are bringing a person into a situation that will work for everyone involved.

Before performing a background check, you need to make sure you understand some of the basics behind a background check.

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Topics: Employee Background Screening, Adverse Action Notice, Tenant Screening, Employment Background Screening

Employer and Landlord Responsibilities under the Fair Credit Reporting Act

Posted by Ryan Howard on Wed, May 03, 2017

The Fair Credit Reporting Act (FCRA) places limits and rules on the usage of consumer reports by both employers and landlords. As such the following duties must be carried out when you are making use of a personal consumer report.

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Topics: Employee Background Screening, Adverse Action Notice, Tenant Screening, Employment Background Screening, FCRA Compliance, Fair Credit Reporting Act

2016 Round-Up: Most Popular Background Check Blogs

Posted by Ryan Howard on Fri, Dec 23, 2016


The general consensus in America seems to be that 2016 may not have been a banner year. We like to look at the bright side of things and offer an annual gift to our readers. Good or bad, 2016 has been a busy year in many ways. We do our best to keep up with the latest news and legislation so that you can easily stay informed and continue to hire the best and brightest for your organizations. Without further ado....

VeriFirst's Top 10 Background Screening Blogs of 2016

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Topics: Employee Background Screening, Adverse Action Notice, Employment Background Screening, electronic drug screening, drug testing

Is it better to have background checked and lost, than to have never checked at all?

Posted by Ryan Howard on Mon, Nov 21, 2016

It's a great day when a hiring manager feels like they have the perfect candidate for the job. The candidate's resume was impressive. The interview was flawless and their ambition apparent. They may have even come highly recommended. The candidate is offered the position, pending a background check and drug test. Then, the bad news...

Your candidate has a criminal past or drug use. What now?

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Topics: Adverse Action Notice, Employment Background Screening, negligent hiring, failed background check

Could your business be at risk for an FCRA Lawsuit?

Posted by Ryan Howard on Fri, May 27, 2016

Class action lawsuits involving employers and possible violations of the Fair Credit Reporting Act (FCRA) can shake up human resource professionals. Of course no one intentionally violates federal (or state) regulations. Hiring managers hope to do what's best by their employers - hiring the right people for the right jobs. Because of the complexity of regulations and other compliance challenges, many employers are unknowingly putting themselves at risk for an FCRA lawsuit. 

Could your business be at risk for a lawsuit?

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Topics: Adverse Action Notice, FCRA Compliance, hiring practices

Denying Employment: An Adverse Action Guide

Posted by Ryan Howard on Wed, Apr 06, 2016

As a recruiter or human resources professional, finding qualified candidates for hiring is an important part of your job. Sorting through endless resumes and profiles to find a gem is a little like finding a needle in a haystack. With the added pressure of managers, your goal is to make a decision quickly. A background check helps narrow your choices and, when one candidate's screening reveals a mark on his record, you move on to the other candidates. You hire the perfect employee, with experience and a clean record, and you feel that your job is done.

Except it isn't.

Small businesses and enterprise businesses alike must abide by the rules of the Fair Credit Reporting Act (FCRA) when hiring and denying employment. Here's how. 

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Topics: Adverse Action Notice, hiring employees, FCRA Compliance

Your New Hire Failed their Background Check. Now What?

Posted by Ryan Howard on Thu, Nov 12, 2015

As hiring managers know, searching for the perfect candidate for a job is quite the task. Sorting through endless resumes, making calls and setting up interviews can be time-consuming and mind-numbing. When you land upon the perfect future employee on paper and their interviews are flawless, it feels like finding the proverbial needle in the haystack.
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Topics: Employee Background Screening, Adverse Action Notice, Employment Background Screening, hiring practices

What to do when an Applicant Background Check reveals a Criminal Record

Posted by Ryan Howard on Fri, Sep 18, 2015

Background Check Reveals Criminal Record

With news stories about Uber failing to catch criminal records during background checks and Ban The Box legislation to give those with criminal backgrounds a better chance at employment, there is yet another important twist in the story. Some candidates are denied employment due to criminal records on their background checks... and the record is not theirs.

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Topics: Employee Background Screening, Adverse Action Notice, Employment Background Screening, criminal background check