For job seekers
You got a pre-adverse action notice: what now?
A pre-adverse action notice means an employer may turn you down because of something in your background check, and is giving you a chance to respond first. It is not the final decision. Here is what it means and what you can do.
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What the notice is
A warning, before the decision.
Federal law requires it whenever an employer may take adverse action, such as not hiring you, based even partly on a background check report. It must come with a copy of the report and a document called “A Summary of Your Rights Under the Fair Credit Reporting Act” (15 U.S.C. § 1681b(b)(3)).
The current summary of rights is published by the Consumer Financial Protection Bureau.
What to do, step by step
- Read the report line by line. Look for records that are not yours, records listed twice, charges shown as convictions, sealed or expunged records, and old items that should have dropped off.
- Note the deadline. The notice may say how long you have to respond. Where a state or city sets a minimum, the waiting period calculator shows it.
- Tell the employer, in writing, before the deadline. Say what is wrong in the report or give context: how long ago it was, what you have done since, letters of reference, certificates, proof of rehabilitation. Keep a copy.
- If something is wrong, dispute it with the screening company too. The notice names the company. It must reinvestigate for free. How to dispute.
- Tell the employer you disputed it. In some places this gives you more time before the employer may decide.
Places that give you more
A minimum wait, more time on a dispute, or a duty to weigh your record against the job.
- California: at least 5 business days to respond, and 5 more if you tell the employer in writing that you dispute the record and are getting evidence. The employer must weigh the record against the job.
- New York City: at least 5 business days, and the employer must give you its written Fair Chance analysis with the notice.
- Illinois: at least 5 business days, and the employer must weigh six factors before deciding.
- Los Angeles County: at least 10 more business days if you dispute the record or ask for more time.
- Other states and cities: the calculator and your state page.
Questions job seekers ask
Does this mean I didn’t get the job?
Not yet. The notice comes before the decision, so the employer can hear from you. If it still decides against you, it must send a final notice.
What if the record isn’t mine?
Tell the employer right away, in writing, and dispute it with the screening company named in the notice.
Is this legal advice?
No. It explains what the law says, with the source for each point. For your own situation, a legal aid office or a lawyer can help.
Sources
- 15 U.S.C. § 1681b(b)(3), the pre-adverse action notice
- CFPB, A Summary of Your Rights Under the FCRA
State and city waiting periods: the calculator and each state page.
Last reviewed · General information, not legal advice.