Final Notice Of Adverse Action
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 employer must send the applicant a Final Notice of Adverse Action informing the job applicant that the employer has made a final decision; along with another copy of the FTC form”
“Summary of Your Rights under the Fair Credit Reporting Act.”
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.
Absolute Background Search, Inc. LLC
Absolute Background Search, Inc.
PO Box 2767
Tarpon Springs, FL 34688
Phone: (888) 998-7300
Please note the Consumer Reporting Agency Absolute Background Search, Inc. 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.
“Summary of Your Rights under the Fair Credit Reporting Act.”
Sincerely yours,
Name and title____________________________________________
