Preadverse Adverse Action CI Webinar Series February 2014

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Preadverse Adverse Action CI Webinar Series February 2014

  1. 1. Webinar Series: Preadverse/Adverse Action CI Webinar Series 01/23/2014
  2. 2. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  Commercial Investigations LLC (CI) is a certified woman owned enterprise and NYS licensed private investigative agency  Our vision is to be the most innovative and educational background investigations partner.  Courtney Caola-Client Services Specialist  Joined Commercial Investigations LLC in December 2013  6 years working as an Investigator with the Federal Government conducting background investigations.  Total of 12 years working with government agencies in various roles.  Contact:  800-284-0906 Ext. 214  courtneycaola@commercialinvestigationsllc.com
  3. 3. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com Presenters: Taylor Ryan & Melissa Ramsey Perplexing Situation: What can happen when you don’t follow the Pre-Adverse/Adverse Action procedures or keep your forms updated. Action procedures: Preadverse Form Adverse Form
  4. 4. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com 1. In October 2011 a law suit was filed against K-mart 2. The plaintiff was offered the job at K- mart 3. The job offer was then rescinded after he failed a background check
  5. 5. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  K-mart provided the plaintiff with a copy of the report and the statement of consumer rights  The rights however where from the FTC and were released in 1997  These rights never stated that the individual had the right to dispute the findings
  6. 6. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  K-mart and its parent company , Sears Holding Corp., denied any wrong doing  They agreed to the $3 million class action lawsuit settlement  The settlement included more than 64,506 class members, all of whom alleged they were given insufficient opportunity to dispute
  7. 7. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  This class action Law suit should be a warning to all companies about the necessity of not only using Preadverse/adverse action but also the importance of keeping the documents you use up to date.  All the documents made available to you by Commercial Investigations, LLC. Are all up to date and FCRA compliant.
  8. 8. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  If you rely on a Background Investigations Report for an “adverse action” – denying a job applicant, reassigning an employee, terminating an employee, or denying a promotion to an employee – be aware that before you take the adverse action you must give the individual a Preadverse Action Disclosure.
  9. 9. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  One of the consumer protection agencies that enforces the Fair Credit Report Act (FCRA) is the Federal Trade Commission (FTC)  The FCRA is law that protects the privacy and accuracy of the information in a credit report  “The FCRA spells out the rights as a job applicant and an employer’s responsibilities when using credit reports and other background information to assess the application.”
  10. 10. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  “If the subject does not get the job because of information based on the report, the employer has some legal obligations” – FTC  “There are legal consequences for employers who don’t comply with the FCRA, whether they fail to get an applicant’s okay before getting a copy of their credit or other background report, fail to provide the appropriate disclosures in a timely way, or fail to provide adverse action notices to unsuccessful job applicants. “
  11. 11. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  This part of the process involves four documents: 1. The Preadverse Action Notice Form 2. A copy of the subject’s FCRA Summary of Rights 3. New York Correction Law Article 23-A (if applicable) 4. A copy of the completed background investigation report.  Please make copies of these documents. We recommend creating and storing these copies in a folder noted, Adverse Action.  You are required to hold onto the information for seven years.
  12. 12. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  13. 13. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  14. 14. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  15. 15. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  16. 16. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  17. 17. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  18. 18. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  19. 19. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  20. 20. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  21. 21. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  22. 22. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  Again, please make copies of these form  Put theses printouts in a folder with the Preadverse Action Notice form documents
  23. 23. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  You need to mail these forms Priority mail shipping.  You will receive a tracking number and an estimated time of when the package will arrive to the subject when you get your receipt from the post office.  When the forms are delivered, go on to the USPS website and type in your tracking number and print out the confirmation that the forms were delivered and file this away with the rest of the PreAdverse/Adverse forms.  You need to do this for both the PreAdverse and the Adverse forms.
  24. 24. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  25. 25. Presented by: Courtney Caola, Melissa Ramsey, & Taylor Ryan (800) 284-0906 www.commercialinvestigationsllc.com facebook.com/commercialinvestigationsllc twitter.com/CI_LLC linkedin.com/company/commercial-investigations-llc info@commercialinvestigationsllc.com http://pinterest.com/proactivetruth/
  26. 26. The information provided in this presentation does not constitute legal or accounting advice. It is for information and discussion purposes only. This presentation may not be reproduced without the written consent of the author. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com
  27. 27. Webinar Series: Pre-Adverse/Adverse Action Commercial Investigations LLC www.commercialinvestigationsllc.com  http://www.consumer.ftc.gov/articles/0157- employment-background-checks

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