Preadverse Adverse Action CI Webinar Series February 2014

Webinar Series:Preadverse/Adverse

ActionCI Webinar Series 01/23/2014

Webinar Series: Pre-Adverse/Adverse Action

Commercial Investigations LLCwww.commercialinvestigationsllc.com

About Us Commercial Investigations LLC (CI) is a certified woman

owned enterprise and NYS licensed private investigative agency

Our vision is to be the most innovative and educational background investigations partner.

Courtney Caola-Client Services Specialist Joined Commercial Investigations LLC in December

2013 6 years working as an Investigator with the Federal

Government conducting background investigations. Total of 12 years working with government agencies in

various roles. Contact:

800-284-0906 Ext. 214 courtneycaola@commercialinvestigationsllc.com

Presenters: Taylor Ryan & Melissa Ramsey

Perplexing Situation: What can happen when you don’t

follow the Pre-Adverse/Adverse Action procedures or keep your forms updated.

Action procedures:Preadverse FormAdverse Form

Preadverse /AdverseAction

1. In October 2011 a law suit was filed against K-mart

2. The plaintiff was offered the job at K-mart

3. The job offer was then rescinded after he failed a background check

K-Mart Settles$3 Million

K-mart provided the plaintiff with a copy of the report and the statement of consumer rights

The rights however where from the FTC and were released in 1997

These rights never stated that the individual had the right to dispute the findings

Plaintiff received inaccurate information

K-mart and its parent company , Sears Holding Corp., denied any wrong doing

They agreed to the $3 million class action lawsuit settlement

The settlement included more than 64,506 class members, all of whom alleged they were given insufficient opportunity to dispute

In the End

This class action Law suit should be a warning to all companies about the necessity of not only using Preadverse/adverse action but also the importance of keeping the documents you use up to date.

All the documents made available to you by Commercial Investigations, LLC. Are all up to date and FCRA compliant.

The Lesson…

If you rely on a Background Investigations Report for an “adverse action” – denying a job applicant, reassigning an employee, terminating an employee, or denying a promotion to an employee – be aware that before you take the adverse action you must give the individual a Preadverse Action Disclosure.

Preadverse /Adverse Action

One of the consumer protection agencies that enforces the Fair Credit Report Act (FCRA) is the Federal Trade Commission (FTC)

The FCRA is law that protects the privacy and accuracy of the information in a credit report

“The FCRA spells out the rights as a job applicant and an employer’s responsibilities when using credit reports and other background information to assess the application.”

Federal Trade Commission

“If the subject does not get the job because of information based on the report, the employer has some legal obligations” – FTC

“There are legal consequences for employers who don’t comply with the FCRA, whether they fail to get an applicant’s okay before getting a copy of their credit or other background report, fail to provide the appropriate disclosures in a timely way, or fail to provide adverse action notices to unsuccessful job applicants. “

Federal Trade Commission

This part of the process involves four documents:

1. The Preadverse Action Notice Form

2. A copy of the subject’s FCRA Summary of Rights

3. New York Correction Law Article 23-A (if applicable)

4. A copy of the completed background investigation report.

Please make copies of these documents. We recommend creating and storing these copies in a folder noted, Adverse Action.

You are required to hold onto the information for seven years.

The steps to follow when sending out the Preadverse Action

Step 1:

You first need to sign into Commercial Investigations LLC website

www.commercialinvestigationsllc.com/client

Step 2:

Accept the CIware Certification of Use

Step 3:

Select the Report of the Applicant You Plan to Not Hire Due to Their Background Check

Step 4:

Open the Completed Report by Clicking on the Subject’s Report Number

Step 5:

As you can see we have the Completed Report already. Print out a copy for the subject and yourself.

Step 6:

Next, in the Drop Down by “Select Report:” You Should Now Select PreAdverse Action Letter

Step 7:

Print Out a Copy of the Preadverse Action Letter for the Subject and for Yourself

Step 8:

Print out a Copy of the NY Correction Law Article 23-A

Step 9:

We also have these Forms on our Website

www.commercialinvestigationsllc.com/client

Step 10:

Your Next Step is in 5-7 Business Days, go back to the Drop Down and Follow Up with the Adverse Action Notice Form

Again, please make copies of these form

Put theses printouts in a folder with the Preadverse Action Notice form documents

Reminder:

You need to mail these forms Priority mail shipping.

You will receive a tracking number and an estimated time of when the package will arrive to the subject when you get your receipt from the post office.

When the forms are delivered, go on to the USPS website and type in your tracking number and print out the confirmation that the forms were delivered and file this away with the rest of the PreAdverse/Adverse forms.

You need to do this for both the PreAdverse and the Adverse forms.

When sending out the PreAdverse/Adverse Forms

Wrap Up

Presented by: Courtney Caola, Melissa Ramsey, & Taylor Ryan(800) 284-0906www.commercialinvestigationsllc.com

facebook.com/commercialinvestigationsllc

twitter.com/CI_LLC

linkedin.com/company/commercial-investigations-llc

info@commercialinvestigationsllc.com

Webinar Series: Pre-Adverse/Adverse

Action

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The information provided in this presentation does not constitute legal or accounting advice. It is for information and discussion purposes only.

This presentation may not be reproduced without the written consent of the author.

http://www.consumer.ftc.gov/articles/0157-employment-background-checksCiting:

Preadverse Adverse Action CI Webinar Series February 2014

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