What to Do If a Potential Candidate Fails an Employment Background Check

by | Mar 3, 2023 | All | 0 comments

You’ve gone through your recruitment process and thought you’ve finally found the perfect candidate for a job position in your company. But after you conducted an employment background check with your private detective, the results were unfavorable.

The thing that would instantly come to mind in this situation would be to accept or reject the applicant. But it’s not as simple as that. You should first understand why the candidate failed the background check to come up with a well-informed decision.

Here are some proactive steps that you should take.

1. Review Your Recruitment Policies

Make sure that your recruitment policies comply with the standards set by the Equal Employment Opportunity Commission (EEOC) and if your employment background check is carried out based on applicable laws.

Then, determine if you’ve been thorough enough in reviewing the candidate’s history and do some research to see if you missed any important information.

2. Investigate the reasons for the failed personal background check.

There are various reasons why an applicant would fail an employment background check. For example, they may have provided inaccurate employment history or some educational discrepancies in their resume. Or, they could have a record of failed drug tests or any criminal history.

While these are definitely red flags, it is still important to investigate further by asking the candidate for more information. You should examine whether or not these discrepancies are relevant to the employment position you are hiring for. By understanding the context of the issues, you can decide whether or not it warrants a rejection.

Also, in some situations, there may be a way to work around the problems highlighted in your employment background check.

For example, if someone has a criminal record, you can consider hiring them with certain restrictions or probationary terms until they prove themselves trustworthy.

3. Send the Applicant a Pre-Adverse Action Notice

In case you decide to reject the application, you should send a pre-adverse action notice that includes the source of your findings and an opportunity for the applicant to clarify things out. This will help avoid any potential discrimination claims if they think they’ve been rejected unfairly.

4. Speak with the Applicant to Explain the Issues

No matter how serious the issues revealed by your employment background check may seem, it’s important to give the candidate a chance to explain and address them. During your meeting, you can also look for possible mitigating factors that could make them still suitable for employment in your company.

Ask if they have already taken steps to resolve the issues, as this indicates their commitment to working for you.

5. Submit an Adverse Action Notice

The law mandates that if your final decision is to reject the applicant due to the negative information revealed in your employee background check, you must submit an adverse action notice. This document includes information about your decision, as well as details of how the applicant can contact the investigation agency that provided you with the background report.

Work with Global Intelligence Consultants

Rejecting a job applicant due to a failed people background check is never easy. However, it’s essential to take the necessary steps to ensure you’re making the right decision by taking into account all applicable regulations.

If you need help navigating employment law, you can reach out to the experts here at Global Intelligence Consultants, Inc. From conducting background checks to ensuring all your recruitment decisions are handled correctly, we’ve got you covered.