If you’re new to conducting employment screenings, one thing that you will learn very quickly is that not everyone comes back with a clean record. There will be job candidates who otherwise seemed well-suited to the job that will not be hired due to information or discrepancies uncovered by the background check, and it may fall to you to inform them that they aren’t getting the job.
These conversations are no one’s idea of a good time, and they can even feel cruel, depending on the circ*mstances. Occasionally, they can spark a confrontation. Nevertheless, such conversations are necessary, and with a little training you can help ensure that they always go smoothly.
How do you fail a background check?
Determining what results would fail a background check is one of the first decisions employers must make before screening. A background check screening policy and decision matrix will offer direction on what constitutes negative results. As an example, if a background check reveals moving violations, but driving isn’t a part of the employee’s job description, then that wouldn’t necessarily constitute a failure. These policies will define which screens should be run in accordance with the job description and what screening results would disqualify them for the job.
Getting it Right Every Time
If you’re working with a trusted, professional screening company like KRESS, your agency will offer a verification of the data returned from the screenings. This allows us a chance to manually review the results in order to reduce the risk of false-positive matches, as well as to ensure accuracy. Illegible consent forms, outdated records, or other individuals with the same name could present information that may not be correct.
Another method of verifying that the background check data is correct is to inform your employee. Through the Fair Credit Reporting Act (FCRA), job candidates have the right to dispute false or inaccurate information on their background checks. They should be made aware of these rights through the adverse action process.
Adverse Action Procedures
To tell your employee that they’ve failed their background check, you first need to make them aware that you’re considering adverse action based on the results. The FCRA specifies that you send the following information within three days of receiving the background check results:
- A written summary of the screening results
- A copy of the background check report
- The background screening company’s contact information
- A copy of their consumer rights under the FCRA
- Your contact information
The potential employee must be given a reasonable amount of time to respond (I recommend five days) or dispute the results. If they are unable to dispute the findings or do not respond, you can move forward with adverse action, such as withdrawing the job offer or terminating the employee. This adverse action should also include:
- Written notification that you are taking adverse action based on the results of the background check
- The background screening company’s contact information
- Written notification that the decision was made by the employer and no one else
- Written notice of the employee’s right to request another copy of their report within 60 days
- A copy of their consumer rights under the FCRA
If that sounds like a lot of work, don’t worry—KRESS can manage all of your adverse actionsteps for just $10 with our adverse action automation.
Don’t Be Surprised
People make mistakes—even good people. Records from our teenage/young-adult party days can sometimes still show up and affect our job opportunities. Someone who has been working for your company for decades could suddenly slip up or fall into trouble due to family or life challenges. It’s never pleasant to be the one to share bad news, but it helps to be prepared. That means deciding up front which jobs require certain background checks so you’ll know what a failed background check looks like. Then handle the situation the way the law specifies. Be consistent every time! Doing otherwise opens you up to potential liabilities that you don’t want.
KRESS Inc. helps employers navigate the difficulties of background checks and employment law in Houston every single day. If you need help or simply have a question about background checks, feel free to call us today at 888-636-3693.
FAQs
In the letter, you are required to explain that the findings of the background check are the reasons for the rejection, the candidate's right to dispute any inaccurate information, and the option for them to request a new copy of the background check within 60 days.
How to tell candidate they failed a background check? ›
The FCRA specifies that you send the following information within three days of receiving the background check results:
- A written summary of the screening results.
- A copy of the background check report.
- The background screening company's contact information.
- A copy of their consumer rights under the FCRA.
How do you tell someone they did not pass a background check? ›
Send Pre-Adverse Action Notice
The Fair Credit Reporting Act, or FCRA, requires employers to send the candidate in question a pre-adverse action notice. This notice must include an explanation of the information you found, along with a copy of the background check.
What to do if failed background check after job offer? ›
What to do when a candidate "fails" a background check
- Consult your company's written background check policy. A written background check policy should guide your hiring decisions. ...
- Send a pre-adverse action notice. ...
- Allow the candidate time to respond. ...
- Make a hiring decision. ...
- Send final adverse action notice.
How do you respond to a bad background check? ›
Being direct and honest can demonstrate your character and cause your employer to overlook the issues on your background check. Try to convey that you have learned from any past issues and have moved on from them.
How do you communicate with a failed background check? ›
If you're considering not hiring an applicant based on the results of a background screening, you must inform the candidate with a pre-adverse action notice. They must also be provided with a copy of their background check as well as a copy of a “A Summary of Your Rights Under Federal Credit Reporting Act (FCRA)”.
How do you let a candidate know they were unsuccessful? ›
How to Tell a Candidate They Didn't Get the Job
- Thank Them for Their Time. Curating a cover letter, tailoring your resume, and going through multiple rounds of interviews take up a lot of the candidate's time. ...
- Offer Feedback. ...
- Be Mindful of Your Language. ...
- Keep Your Message Generic. ...
- Encourage Them to Apply to Other Positions.
How do you explain a bad background check? ›
- Make your presentation honest, clear and concise.
- Take responsibility for your actions without excuses or blaming others.
- Sincerely speak to the feelings you have regarding your behavior – show remorse.
- In a positive way, state the price you have paid and what you have learned from this experience.
What is a rejection letter after background check? ›
An adverse action letter is a final written notice advising applicant of employer's final decision to not hire them at this present time, based on their hiring criteria and derogatory results found on a background check investigation report.
What are some red flags on a background check? ›
Some of the most common types of red flags include:
- The presence of one or more misdemeanor or felony criminal records.
- Discrepancies between reported employment experience and verified work history.
- Falsely claiming possession of professional or technical licenses.
If you suspect the background check has been unable to verify dates of employment for a certain employer, contact the background check company and ask what you can do to facilitate the process. They may ask for additional information, ask you to contact the employer directly, or request copies of your W-2s.
Can a job offer be rescinded after a background check? ›
If a background check reveals information that a company deems inappropriate, then they might rescind an offer. This reason could include incorrect or misleading information on the original application.
Would a company do a background check if they weren t going to hire you? ›
A background check often occurs near the end of a hiring process as one of its final steps or may occur after an employer extends an offer. Employers usually pay for background checks, so they often only perform background checks on interviewees whom they're interested in hiring.
How do you tell a candidate they failed the background check? ›
Notifying the Candidate: Pre-Adverse Action
- A copy of their background report.
- A copy of “A Summary of Your Rights Under the Fair Credit Reporting Act”
- The contact information of the screening agency responsible for conducting the consumer report.
- A reasonable amount of time to dispute the results.
Why do people fail background checks? ›
Criminal history This is one of the most common reasons for people failing background checks. Companies conduct criminal background checks to ensure that the candidate does not have a criminal history that could jeopardize the firm or its employees.
What makes a background check unsatisfactory? ›
You may be disqualified from a high security clearance job if your record contains any of the following: a single serious crime, a series of lesser offenses, embezzlement, income tax evasion (or other financial crimes), sexual offenses, crimes related to excessive alcohol or drug consumption, a history of personality ...
How to tell an internal candidate they didn t get the job sample? ›
Sample 1: Internal Applicants
We had several excellent candidates for the position and the final decision was a difficult one. While we will not be offering you the position in our department, you exhibited a sense of professionalism and interest that is to be commended.
Why would a company reject a candidate based on a background check? ›
Poor driving record.
Other reasons for a failed background check could include poor credit history, false employment history, or failed drug tests. Any of these reasons can justify not hiring a candidate. But to do so without violating federal or state law, you need to know how to reject them correctly.
Will a company tell you if you fail a background check? ›
First, it's important to note that the law — specifically the Fair Credit Reporting Act (FCRA) — requires that prospective employers give candidates notice if they are taking adverse action based on the results of a background check. This means that, if you haven't heard back, the investigation could still be ongoing.
How do you tell a qualified candidate they didn't get the job? ›
Dear {Candidate name}, Thank you for coming in to speak to us about {position} recently. We enjoyed meeting you and learning more about you. I wanted to let you know that, unfortunately, we won't be offering you a position, as there were candidates whose skills and experience better suit what we're looking for.