Navigating Compliance When Bringing Back Employees

Navigating Compliance When Bringing Back Employees

WHAT ARE WE COMPLIANT WITH?

Focusing on client services starts with following the regulations the Fair Credit Reporting Act (FCRA) commands us to do. The FCRA “is a federal law that regulates the collection of consumers’ credit information and access to their credit reports” (Investopedia).

To us, compliance goes beyond the action of obeying the laws; we know that – in the end – our compliance is what ultimately provides the most accurate, safe, and secure background check for our clients.

WHAT COMPLIANCE MEANS TO US

Following the rules that the FCRA lays out for us.

Staying up-to-date with news, upcoming laws (federal, state, and local), and applying it immediately to our process.

Notifying our clients when updates apply to them.

Rechecking our process to ensure the most secure background

Only the top 10 percent of background check companies in the world are accredited. PBSA accreditation validates that True Hire satisfies the highest standards of compliance, security and consumer protection among additional requirements. This distinction cannot be purchased, it must be earned.

AKAs Alias Name Searches

Criminal records are stored by name and date of birth. Your applicant may self-report an alias, like a maiden name, or our researchers may find undisclosed or hidden aliases while conducting the Social Security Trace. The Alias Name Search keeps your company safe by confirming your candidate doesn’t have a criminal record under another name.

WHAT ARE DISPUTES

When a report contains information that is inaccurate, outdated or incomplete, the applicant has the right to dispute the record, which allows our researchers to confirm the information was accurate as reported or correct the record on the report. This is the dispute process.

DISPUTE PROCESS

  • Review all the information that the consumer provides.
  • Receive consent from the consumer to notify, provide feedback, and respond electronically
  • Converse with the consumer and review all items that they are disputing
  • Track nature of the consumer’s dispute
  • Confirm whether or not the consumer will accept electronic notices
  • “If permissible purpose still exists, notify the end-user of the consumer’s dispute so that any decision related to the consumer report will be deferred until the dispute is resolved”

The Professional Background Screening Association

DID YOU KNOW THAT OUR DISPUTE RATE IS LESS THAN 0.1% ?

IS YOUR COMPANY COMPLIANT?

Having an adverse action process is 100% required. Having a process will help your company stay away from legal issues. This is mandated by FCRA (Fair Credit Reporting Act).

Always check with your corporate counsel.

ADVERSE ACTION TIPS

  • Treat all applicants equally. Do not use special treatment.
  • Always include the name, address, and phone number of your company.
  • If you are considering not hiring an individual because of their criminal history, send a pre-adverse action letter. Be sure to attach a copy of their background check and “A Summary of Your Rights Under the Fair Credit Reporting Act.”
  • Be sure to allow time for a response from the applicant. 5-10 days is ideal per FCRA. However, some cities/states have more specific rules (be sure to check your local regulations regarding adverse action).
  • If you decide to hire the applicant, notify them that they have been hired.
  • If you decide to not hire the applicant because of their background check report, then send the final adverse action letter.

HOW CAN WE HELP?!

  • Sending pre-adverse action letters on your behalf
  • Sending adverse action letters on your behalf
  • This can be requested through the portal, email, or phone. We always send you a copy of the letter.
  • Applicant App: Checkpoint. Notifies applicants through the portal and text and emails the applicants.
  • Include disclosure/consent form on applicant invites on your behalf
  • We provide summary of rights for every background check sent to the applicants