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Understanding Pre-Adverse and Adverse Action Notices

Getting a "pre-adverse action notice" in your email can feel like receiving a jury summons—you know it's probably not good news, but you're not entirely sure what it means or what you're supposed to do about it. Let's demystify these notices and explain exactly what your options are.

These notices aren't just corporate courtesy—they're federal legal requirements designed to protect you. Understanding them could be the difference between losing a job opportunity and successfully addressing concerns that might cost you the position.

What is a Pre-Adverse Action Notice?

A pre-adverse action notice is essentially your employer saying, "We found something in your background check that concerns us, and we're thinking about not hiring you because of it. But before we make that final decision, here's what we found and here's your chance to respond."

What Triggers This Notice:

  • Information in your background check that might disqualify you
  • Criminal convictions relevant to the job
  • Employment history that doesn't match what you claimed
  • Education credentials that couldn't be verified
  • Failed drug test results
  • Anything else that violates the employer's hiring criteria

What's Included in the Notice:

  • A statement that they're considering taking adverse action
  • A complete copy of your background check report
  • A "Summary of Your Rights Under the Fair Credit Reporting Act"
  • Contact information for the background check company (that's us)
  • Information about your right to dispute inaccurate information

What is an Adverse Action Notice?

An adverse action notice is the final decision—your employer's way of saying, "After considering everything, we've decided not to hire you based on information in your background check."

When You'll Receive This:

  • At least 5-7 business days after the pre-adverse action notice
  • After the employer has considered any response you provided
  • Only if the employer decides to proceed with not hiring you

What's Included:

  • Statement that they decided not to hire you
  • The specific reason for their decision
  • Name and contact information of the background check company
  • Statement that the background check company didn't make the hiring decision
  • Reminder of your right to dispute inaccurate information
  • Information about getting a free copy of your report

The Waiting Period: Your Window of Opportunity

The time between receiving a pre-adverse action notice and a final adverse action notice is crucial. Federal law requires employers to give you "reasonable time" to respond—typically 5-7 business days, though some states require longer.

This is NOT a grace period where you sit and hope things work out. This is your opportunity to:

  • Review the background check report for errors
  • Provide context or explanations for accurate but concerning information
  • Submit documentation that supports your case
  • Dispute any inaccurate information with the background check company

Important: The employer is not required to keep the position open during this time. They're just required to give you a chance to respond before making their final decision.

Common Scenarios and How to Respond

Scenario 1: The Information is Completely Wrong Maybe the report shows a conviction that belongs to someone else, or employment at a company where you never worked.

Your Response:

  • Contact CIChecked immediately at (518) 271-7546
  • Provide documentation proving the error (court records, employment documents, etc.)
  • Ask us to contact the employer with corrected information
  • Send a brief, professional email to the employer explaining the error

Scenario 2: The Information is Accurate But Missing Context Perhaps you have a conviction, but it was related to circumstances that don't reflect your current character or aren't relevant to the job.

Your Response:

  • Write a brief, honest explanation of the circumstances
  • Highlight any rehabilitation, community service, or positive changes since then
  • Explain why this won't affect your job performance
  • Provide character references if helpful

Scenario 3: Old Information That Should Be Sealed You have a conviction that should be sealed under New York's Clean Slate Act or similar laws.

Your Response:

  • Contact CIChecked to verify whether the conviction should be sealed
  • Provide court documentation showing the case was sealed or expunged
  • Reference the specific law that should protect this information

Scenario 4: Employment History Discrepancies The dates or details of your employment don't match what you provided on your application.

Your Response:

  • Provide pay stubs, W-2s, or employment verification letters
  • Explain any discrepancies (company name changes, acquisition, etc.)
  • Offer to provide additional references who can verify your employment

How to Write an Effective Response

Keep it Professional and Concise: Your response should be 1-2 pages maximum. Employers don't need your life story—they need relevant facts that address their concerns.

Sample Response Structure:

Dear [Hiring Manager],

I received your pre-adverse action notice dated [date] regarding my background check for the [position title] role. I would like to address the information found.

[Specific issue and your explanation/correction]

[Supporting documentation or evidence]

[How this relates to your ability to perform the job]

I appreciate your consideration and am happy to provide any additional information you may need.

Sincerely,
[Your name]

What to Include:

  • Specific reference to the concerning information
  • Clear explanation or correction
  • Relevant supporting documentation
  • Professional tone throughout
  • Contact information for follow-up

What NOT to Include:

  • Emotional appeals or sob stories
  • Irrelevant personal information
  • Attacks on the employer's hiring process
  • False or misleading information

Your Rights During This Process

You Have the Right To:

  • Receive a complete copy of your background report
  • Reasonable time to review and respond
  • Dispute any inaccurate information
  • Add explanatory statements to your file
  • Contact the background check company directly
  • Seek legal counsel if you believe your rights were violated

The Employer Must:

  • Wait a reasonable time before making a final decision
  • Consider any response you provide
  • Send the adverse action notice if they proceed with not hiring you
  • Follow all federal and state law requirements

What Happens After You Respond

If You Dispute Factual Errors:

  • We investigate the dispute (usually within 5-10 business days)
  • If we find errors, we notify the employer of corrections
  • The employer may reconsider their decision based on corrected information

If You Provide Context for Accurate Information:

  • The employer reviews your explanation
  • They may conduct an individualized assessment (required in many states)
  • They decide whether your explanation addresses their concerns

Possible Outcomes:

  • Employer proceeds with hiring after reviewing your response
  • Employer requests additional information or clarification
  • Employer proceeds with adverse action despite your response

When Adverse Action Notices Aren't Required

Employers don't need to send these notices if:

  • Their decision wasn't based on the background check
  • You withdrew your application
  • You were rejected for reasons unrelated to background information
  • You failed other parts of the hiring process (interviews, skills tests, etc.)

However, many employers send them anyway to avoid any compliance issues.

Red Flags: When Something's Not Right

Contact an Employment Attorney If:

  • You didn't receive the required notices before being rejected
  • The employer acted on background information immediately without giving you time to respond
  • You were asked about criminal history before receiving a conditional job offer (in ban-the-box jurisdictions)
  • The employer used sealed or expunged records in their decision

The Bottom Line

Pre-adverse and adverse action notices aren't rejection letters—they're legal protections designed to ensure you get a fair shake. The pre-adverse notice, in particular, is your opportunity to set the record straight.

Key Points to Remember:

  • Act quickly when you receive a pre-adverse action notice
  • Always respond if you believe there are errors or important context missing
  • Be professional and factual in your response
  • Don't give up—many people successfully address concerns raised in background checks

Most employers want to hire good people. If you can demonstrate that background information doesn't reflect your current character or ability to do the job, many employers will give you a fair consideration.

Don't let fear or embarrassment prevent you from responding to these notices. Your response could be the difference between losing an opportunity and landing your next job.