Author: Mark Levine, Weycer, Kaplan, Pulaski & Zuber, PC
When to Use This Letter
All employers should have a background check policy for job applicants and employees. An employer must first get the applicant's or employee's written consent when conducting an outside background check, and may not deny employment based in whole or in part on the findings without sending the individual an adverse action letter.
Below is a model letter that should be further tailored to fit the employer's specific needs
Background Check Adverse Action Letter
Date: [Enter Date]
To: [Enter Recipient Name]; Job Title: [Enter Recipient Job Title]
Dear [Enter Recipient Name]:
Pursuant to your authorization in your employment application, we have completed an employment background record check as part of our selection process. The purpose of this letter is to inform you that there is information in the report we received which, if accurate, would prevent us from offering you employment at this time. A copy of the report is enclosed.
If, after reviewing the report, (1) you believe that the information contained in it is inaccurate and/or (2) you want to know what information in the report falls outside our company guidelines, we ask that you contact us directly within five days. Otherwise we will assume that you no longer wish to pursue employment with our company.
If you have any questions regarding the background check, you should contact ____________, who conducted the check. The address and phone is:
[Enter Phone Number]
Enclosed along with the report is a description of your rights under the Fair Credit Reporting Act. Under the law, you have the right to dispute any information contained in this report. The enclosed summary of rights provides additional information about your rights.
You have the right to obtain an additional free copy of the enclosed report if you request it within 60 days of when you receive this notice.
Very truly yours,
[Enter Sender Name]
[Enter Sender Title]