BACKGROUND CHECKS AND ADVERSE EMPLOYMENT ACTION

Ethel

We have been doing background checks on all administrative, sales, technical personnel, etc. for a number of years. And have not had a problem with the Notice of possible adverse action and the Averse Action letters. We recently started doing background checks on our plant employees and have messed up. The plant mgr did not notify personnel that they were turning down an applicant because of information learned from the background check. This was over a month ago (the plant secy did tell the process would not go on due to his background check).

I just found out about this because the applicant called and wanted to know exactly why we didn't hire him. How can I correct the situation. The job has not yet been filled but he appears to have lied on his app. if we had followed our normal procedure and had correct timing on the notifications, we would have been totally within the law to not hired him.

Does any of this make sense. Can anyone help, please!!!!!!!!!!

Shadowfax

Since 604 b 3 requires you to give a copy of the report and the summary of rights before taking adverse action, why not just back up (the job isn't filled yet) reopen the process, povide the report, give him time to respond o the report, then make a new decision. The whole purpose of the act seems to be to give the ee, or potential ee a chance to discuss the merits of the report before taking action. Your new decision may or may not be the same as the first decision, just be sure your decision is defensible.

Crout

I agree with Shadow. You can simply explain to the applicant that a mistake was made and that you've decided to allow him to compete for the job again. Then send him the documents, allow him to explain, and make a decision. You still don't have to hire the guy.