In both of these situations, the applicant would not have the ability to obtain a copy of the background check to find out what negative information it contained. We have learned of situations where national free credit report the individual remained unemployed for years, not knowing that wrongful criminal records which resulted from identity theft were the reason for the individual's failure to find employment. (Read "Identity Theft: The Growing Problem of Wrongful Criminal Records," www.privacyrights.org/ar/wcr.htm.) Recent amendments to California's "investigative consumer reporting" law have closed those loopholes. California law now requires that individuals who are subject to employment screening are able to obtain a copy of the background check whether or not an adverse action has been taken. And applicants have the same rights to notice and consent whether the employer hires an outside company to conduct the investigation or does the background check itself. And now in California when an individual requests a copy of national free credit report their report from the consumer reporting agency, the agency must explain their rights in a document written in both English and Spanish. credit report check free For more on employment national free credit report background checks and your rights under the FCRA, see the Federal Trade Commission publication, Employment Background Checks and Credit Reports, www.ftc.gov/bcp/edu/pubs/consumer/credit/cre36.shtm 6.
FCRA Update: Workplace Investigations and Annual File Disclosures Recent amendments to the FCRA, known as the Fair and Accurate Credit Transactions Act of 2003 or FACTA, set a new standard for what FACTA calls "employee misconduct investigations." In addition, FACTA says national free credit report job applicants and employees who have undergone an employment background screening covered by the FCRA may receive a free annual file disclosure from the company that performed the background check. free credit reports by mail
What is an "employee misconduct investigation"? This is an investigation conducted by a third-party your employer may hire if the employer suspects you of: Why was this change made to the FCRA? This section was adopted to make it clear that employers do not have to get permission to conduct a misconduct investigation. Prior to this, FTC staff issued an opinion letter, the so-called "Vail Letter," that said the FCRA applies national free credit report even when an employee is national free credit report suspected of misconduct and the employer hires an outside investigator.
(Note: California law already includes an exception for workplace misconduct investigations.
www.privacyrights.org/fs/fs16a-califbck.htm) If my employer suspects me of misconduct, what does this mean for me? It means your employer does not have to give you notice and get your permission to conduct a misconduct investigation. Like other inquiries covered by the FCRA, this only applies if the employer hires an outside party to conduct the investigation. free credit report score It also means you will not receive a notice of your rights as others who are subject to a standard employment background check normally would. If, at the end of the investigation, the employer decides to take some action against you, you receive the "adverse action" notice only national free credit report after the action has been taken. You will receive only a "summary" of the investigation national free credit report report, but not the more detailed report that may include sources.
