First, the background check can only go back seven years; anything outside of seven years should not be on the report or considered when making an employment decision.
Send to HR Immediately
When a candidate’s background check comes back with negative results, you should first check with the client to see if they will accept someone with the specific convictions. If the client does not want to employ the person based on the results, the background report and authorization should be sent to HR immediately.
After HR receives the background check and authorization, the candidate should be informed that their start date is on hold because HR has further questions about the background report and will be sending an email. HR will then send the candidate a pre-adverse action letter. This letter informs the employee that there have been negative findings. In addition, it gives them five (ten in California) business days to contact HR and/or the background company to dispute the convictions. The recruiters/salespeople involved with the case are BCC’d on the email so they are aware of where the HR is in the process.
What if They’re Already Working?
If the contractor is already working (pending the results of the background report) they should be pulled from the client until the background issues are resolved or until they’re permanently let go. It’s very important that the contractor understands that they are not terminated during this process. Instead, they are just not scheduled to work. We do not terminate them until the adverse action is sent out.
Once HR sends the pre-adverse action letter, the candidate should only have contact with HR. If the person reaches out to anyone in the branch office, please direct them to Linnea.
Do They Have an Unresolved Conviction?
If the candidate does not resolve the conviction within the allotted business days, they are officially not able to start with JSG. At this time, HR will send an adverse action letter to the employee informing them that we will not be moving forward with employment.
This policy is in compliance with the procedures listed in the Fair Credit Reporting Act (FCRA). If you have any further questions about the adverse action process, please contact HR.