Will Emplyer Call If Your Background Check Failed

There are many reasons a chore candidate might fail a background check, some more problematic than others. If the candidate failed a background check after a task offer, it doesn't necessarily hateful y'all shouldn't hire them.

Following these five steps will aid you brand an informed decision while following your company's hiring guidelines and all applicable laws.

You lot think you've finally establish the perfect person for the task. Until, that is, negative results of the background cheque come through. When an otherwise splendid candidate fails that bank check, an important decision is ahead: accept or pass up the applicant.

Understanding why the person didn't pass the background check helps you make an informed determination and ultimately leads you to the best solution for your company. Employment screenings can assist protect you against everything from unexpected operation issues to risky on-the-job behavior.

However, a "failed" background bank check, or an alert on the results, doesn't necessarily mean you shouldn't hire the candidate. When yous implement the right strategies, under some circumstances, you lot can confidently continue with the offer.

In this article, we'll cover the well-nigh common reasons a person may fail a background check. You'll need to act compliantly, stick to your visitor policy, abide past federal equally well as local laws, and follow essential procedures.

What Are The Reasons For A Failed Background Bank check?

What causes a cherry-red flag on a groundwork check? There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test. We explore each of these reasons hither—some are definitely more problematic than others.

Criminal History

Roughly 77 million Americans have a criminal record that must exist reported as function of an employment background check, according to the National Conference of State Legislators. Whether you lot tin hire the person despite his or her tape depends on several factors, including manufacture-specific regulations also as the position he or she is seeking. Under certain circumstances, denying a job to an individual with a criminal history may exist considered discriminatory.

Education Discrepancies

When a person is struggling to secure employment, the desire to fluff a resume tin be intense. An didactics verification background check can identify claims that don't lucifer upward with reality, including a job applicant'due south higher education history. If the candidate didn't nourish a specific higher or obtain a caste or certificate as maintained, y'all'll desire to discuss the discrepancy.

Poor Credit History

Not all background checks include a credit review, and some jurisdictions greatly restrict them. If yous're allowed to pull the reports, though, and spot loftier debt, a slew of delinquencies, and drove accounts, you may be concerned about the applicant's integrity and financial responsibility, particularly for candidates applying for management or finance positions.

Damaged Driving Record

A motor vehicle report (MVR) may turn up speeding tickets or other moving violations. When driving is function of the position's duties, this will exist a serious affair. Checking a candidate's driving tape may assistance y'all avoid any legal and insurance consequences that can arise if the employee were to get into an accident while on the clock or behind the wheel of a visitor-owned vehicle.

Simulated Employment History

One in three Americans aren't honest about their work experience and dates of employment, according to a 2019 GoBanking Rates poll. Ane of the reasons you wanted the person to come on board may be that work experience. A history of doing the same or like task at a dissimilar company for a sure number of years is attractive, so when you discover that the person wasn't exactly truthful on the resume, you take sound reason to deny employment.

Failed Drug Examination

Illicit drug use past employees can be a major liability. If the results of a pre-employment drug test indicate that the person has used an illegal substance, this could be grounds for excusing him or her from the pool of prospective employees. Screening policies ensure consistency across all new hires, so if the candidate fails the drug test and hiring is contingent on passing, that person may be out of the running. For candidates using marijuana for medicinal purposes, be certain to discuss with your legal counsel before taking adverse action on the basis of a failed drug test.

What Practice Yous Exercise When Your Candidate Failed Their Background Check?

When reviewing a candidate'south background bank check results to make an informed decision about whether to hire, it'due south important to follow the law. Review your visitor's employment screening policy, every bit well as the Equal Employment Opportunity Commission'southward (EEOC) guidelines, and follow agin action steps as per the federal Fair Credit Reporting Act (FCRA) and local fair chance hiring laws, such as ban-the-box laws, that may apply.

In the event the person failed the background check after job offering, follow these 5 steps for an arroyo that is systematic, clear, and legal:

Step i: Consult Your Policy

Your employment screening policy should outline everything that goes into a background bank check, including Social Security Number verification, past employment and teaching verification, reference checks, criminal history, motor vehicle records, and (where permitted) credit history. You will demand to adhere to those terms carefully and as with each candidate.

Footstep 2: Send A Pre-Agin Action Notice

If yous're considering not hiring the applicant based on the results of the screening, you'll need to let that person know with a pre-adverse action find, along with a copy of the background check and a copy of "A Summary of Your Rights Under FCRA". (Download templates and forms here.) This gives the candidate the chance to review results for accuracy and respond to whatsoever of your questions regarding the data discovered from the report.

Pace three: Allow Your Candidate To Answer

This is when you requite the bidder the opportunity to discuss the issues that the background screening brought to lite (v to 10 business days, depending on your jurisdiction). For case, it's entirely possible that the candidate had been a victim of identity theft and thus has a damaged credit history. Or the person has a valid explanation for an employment history discrepancy. You lot'll only know when the person tells you.

Step iv: Brand A Decision

As long equally yous stick to your company'due south policy as well as employment guidelines set out by the EEOC to conduct individualized assessments, you're set up to hire the candidate or not. If you do offer the person the position, you've completed the initial background check procedure.

Footstep v: Send An Adverse Action Find

If you decide to non hire the person considering of what y'all discovered, federal law mandates that you ship a final adverse action letter of the alphabet to the person (some refer to information technology incorrectly as a "failed groundwork cheque letter of the alphabet"). In information technology you will explicate that the findings of the groundwork cheque are your reasons for the rejection. It is extremely important that you stick to the letter of the police force, especially when the screening pulls up a record of criminal history, as it will aid mitigate risk of potential fines and legal activeness against your company.

Cover of GoodHire guide about what to consider when you decide not to hire.

Bad News, Good Solution

A comprehensive employee background check helps you make informed decisions. While the bank check may reveal negative items that raise cherry-red flags, those issues don't always demand an firsthand hard pass. Base your decisions using accurate data and reliable information; conducting targeted screens and individualized assessments; and encouraging open and honest dialogue with your candidates.

Groundwork checks are indeed vital to hiring high-quality candidates, but the process of getting everything in club can exist difficult. It must be done compliantly and systematically, from when to start the check and get consent, to understanding what'southward legal and what'south not, and so to effectively manage the final decision. This is non the time for errors, and you should take care to document the process throughout.

To help, GoodHire offers built-in tools and capabilities to assist you manage employment screening easily from starting time to finish. Every check includes online digital consent; an integrated adverse action flow that accounts for federal, land, and local laws for both your and the candidate's locations; and tools for individualized assessments. Because these are inherently complicated matters, it's crucial that you comply with your own policy every bit well as local and federal restrictions. GoodHire is designed to do just that, which makes your chore of hiring a qualified candidate easier—and can make a hopeful job applicant who may not have a clear background check very happy.

GoodHire's background check platform makes it easy to order reports and review results.

Disclaimer

The resources provided hither are for educational purposes only and do non constitute legal advice. We suggest yous to consult your own counsel if you lot have legal questions related to your specific practices and compliance with applicative laws.

About the Writer

As GoodHire'south managing editor, Sara Korolevich produces educational resources for employers on a variety of employment screening topics, including compliance and screening best practices, and writes well-nigh GoodHire'due south visitor and product news. Sara's experience stems from 20+ years working as a B2C and B2B PR and communications professional person.