What Can You Do If An Employer Finds Something Negative in Your Background 

By: Undisputed Legal/Skip Trace Department

If your background report has some damaging information, be prepared to explain it — and the reason it shouldn’t affect your ability to do the job. Here is a description of your rights, depending on what type of negative information the employer finds: 

Criminal History or Other Public Records: 

If you don’t get hired or promoted because of information in your criminal history or other public records, the employer must tell you orally, in writing, or electronically: 

the name, address, and phone number of the company that supplied the criminal history or public records report;  that the company that provided the information didn’t make the decision to take the adverse action and can’t give you specific reasons for it; and that you have the right to dispute the accuracy and completeness of any information in the report and to an additional free account from the company that supplied it if you ask for it within 60 days of the employer’s decision not to hire or retain you. The company that provided the employer with negative information from a criminal history or other public records has certain obligations: it has to tell you that it provided the information. It has to take specific steps to make sure the notification is accurate. Some employers might say not to apply if you have a criminal record. That could be discrimination. If that happens to you, contact the EEOC at eeoc.gov or 1-800-669-4000. Find information on arrest and conviction records in employment decisions (eeoc.gov/laws/guidance/qa_arrest_ conviction. cfm) arrest and conviction records as an automatic bar to all employment (csgjusticecenter.org/ wp-content/uploads/2012/11/Reentry_Council_ Mythbuster_Employment.pdf)

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