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Wells Fargo Employment Background Screening

Posted on by Posted in Background Checks, Employment Background Screening

Thomas asks…

How does Wells Fargo do an employment background screening in their application?

Recently I submitted an application to Wells Fargo, but it states that is contingent upon successfully passing an employment screening check.  However, I cannot find the link for me to submit the background check.

Roland answers:

Thomas, you are not saying whether this was for a loan or for employment application. I make mention of the loan because your wording sounds like maybe they would require your signed consent/release to verify present and former employment prior to approving a consumer loan.

In the event that you are referring to a job application, I don’t believe they have a link — they simply want for you to consent and sign an authorization for them to perform an employment background screening.  It’s that simple!

If you are still in doubt, simply give them a call.

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Questions About Background Check Authorization Form

Posted on by Posted in background check without consent, Background Checks, Employment Background Check, FCRA, Liability Leave a comment

Mary asks…

My boss performed a background check without telling me?

I never consented or signed any background check authorization form. Can he do that without my knowledge?

Roland answers:

The way you present your question, seems like you are already employed rather than a potential employee yet to be hired. Do you recall if when you originally applied and submitted the application form, if it contained the background check release clause at the end of the employment application? — Most employment applications nowadays do contain that form prior to your signature. You may have also signed your consent to recurring background checks to be done periodically after you are employed.

If you are 100% sure that was not your case, then I can tell you that employment background checks are covered by the Fair Credit Reporting Act and can not be performed without you signing a release. This is not the case when public records based background checks are used for personal reasons, this only applies for employment, rental or lending.

There are definitely penalties and liabilities for your employer if he went ahead and did a background check without your consent. If he was bold enough to that, most likely he did not follow proper procedure to verify records at a county courthouse as most likely he pulled criminal records from a public records database. The issue here is not invasion of your privacy, but rather not complying with the Fair Credit Reporting Act to give you an opportunity to dispute the facts. Also, you did not mention what action he took upon those background check results.

Did you get fired or demoted because of his findings?

Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619.
See page 8 at http://www.ftc.gov/os/2004/11/041119factaapph.pdf

To file a complaint with the Federal Trade Commission concerning a violation of FCRA:

https://www.ftccomplaintassistant.gov/

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Your Questions About FCRA Summary Of Rights

Posted on by Posted in Adverse Action, Background Checks, FCRA Leave a comment

George asks…

How do I obtain a copy of my own background check?

I was just recently turned down for a job because there was something on my criminal background.  I am trying to figure out what it could be, that is why I need a copy of my own background check.

Roland answers:

Employers that use the results of background investigation in hiring, promotion, suspension, or termination decisions need to be aware of Adverse Action procedures under the Fair Credit Reporting Act (“FCRA”). The FCRA provides that employment decisions based in whole or in part on a background check report are “adverse action” decisions, which have specific notice requirements that must be satisfied.

“Adverse Action” is defined as, a denial of employment or any other decision for employment purposes based in whole or in part on a consumer report that adversely affects any current or prospective employee. FCRA §603(k)(1)(B)(ii) and FCRA §615. Employers that take adverse action against an applicant or employee must follow the two notice provisions of the FCRA.

There are two notice requirements under the FCRA. First, Section 604 of the FCRA requires that employers provide to the consumer, before taking any adverse action based on a consumer report, a copy of the report and a summary of consumer’s rights under the FCRA. This is referred to as the Pre-Adverse Action letter, since it must be sent before the adverse action is taken. In other words, if an employer has a report and believes that the information contained in the report may impact the hiring decision, then at that time the employer must send the Pre-Adverse Action letter.

The second notice must be sent after the employer takes adverse action. In the Adverse Action letter (the second notice) the employer must notify the consumer of the fact that adverse action has been taken based on a consumer report, and include in that disclosure the following: (1) the name, address, and phone number of the consumer reporting agency that furnished the report, (2) a statement that the consumer reporting agency did not decide to take the adverse action and is unable to provide the consumer with specific reasons for the action, (3) a notice of a consumer’s rights to obtain another free copy of his or her report from the consumer reporting agency within 60 days, and (4) the individual has the right to dispute the accuracy or completeness of any information in the report.” FCRA §615.

A common question is how long must the employer wait after sending the Pre-Adverse Action letter before the employer send the (second) Adverse Action letter. Unfortunately, the FCRA does not provide how much time an employer must wait after the Pre-Adverse Action letter before providing the second notice. However, the FTC stated in an opinion letter that employers should keep, “in mind the purpose of the provisions to allow consumers to discuss the report with employers before adverse action is taken.” FTC Opinion Letter, Lewis, June 11, 1998.

The adverse action rules go to the heart of the consumer protection goals of the FCRA, and give an individual an opportunity to clear up any potential errors on a report. Thus, employers should provide the consumer with a reasonable opportunity to review and discuss the report before taking Adverse Action.

For those of you looking for a specific time frame, Congress has provided that 5 business days is a reasonable time period to wait after the pre-adverse action letter before taking adverse action. H.R.Rep.No. 103-486, at 30 (1994).

If you want to know how seriously the courts take the above read http://www.ftc.gov/ogc/briefs/fcrahartford.pdf

If you have not received the adverse-action notice then you need to write a letter advising the company of your rights under the FCRA and request information as to why the decision was made and (if third-party performed the check) the information how to receive a free copy from the company that performed the check.

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