Pre-Adverse & Adverse Action Process

Pre Adverse & Adverse Actions

FCRA Pre-Adverse & Adverse Action Letters

Pre-Adverse and Adverse Action letters must be provided by employers when making decisions based on background screening results, when the results negatively impact an individual’s employment opportunity. These steps are required under the Fair Credit Reporting Act (FCRA) to ensure fairness and give candidates a chance to respond to potentially disqualifying information.


NOTE: You can use your own version of the Pre-Adverse and Adverse Action letters or take advantage of our SAMPLE letters.

Pre-Adverse Action

This is the initial step an employer must take before making a final decision not to hire, promote, or retain an individual based on background check findings. It notifies the candidate and provides them with an opportunity to review and dispute the information if they believe it to be inaccurate.


Steps in Pre-Adverse Action:


  1. Notify the Candidate: The employer must provide the Pre-Adverse Action letter, a written notice informing the individual that adverse action might be taken based on the background check.
  2. Provide the Background Check Report: The candidate must receive a copy of the background check report(s) used to make the decision.
  3. Include a Summary of Rights: The notice must include a copy of the FCRA-mandated "Summary of Your Rights Under the Fair Credit Reporting Act."
  4. Allow Time to Respond: The candidate must be given a reasonable amount of time (typically 5–7 business days) to review the report and dispute inaccuracies to the employer.
  5. File a Dispute if Needed: If the applicant disputes the records reported were incorrect, they must contact VeriCorp. VeriCorp will recheck at no cost and update records accordingly. If an update is needed, a revised copy is provided to both the employer and the candidate. If no dispute is filed, the official Adverse Action letter can be sent to the applicant and this concludes the process.

Adverse Action

If the individual does not dispute the information or if the dispute does not resolve in their favor, the employer can proceed with adverse action, which is the formal decision not to hire, promote, or retain the individual based on the background check.


Steps in Adverse Action:


  1. Send a Final Notice: The employer must provide the Pre-Adverse Action letter, a written notice informing the individual that adverse action might be taken based on the background check.
  2. Provide Specific Information: The final notice must include:
  • The name and contact information of the background check provider.
  • A statement that the background check provider did not make the adverse decision and cannot explain why it was made.


Not required but considered a best practice to resend the following:


  1. Provide the Background Check Report(s): The candidate must receive a copy of the background check report(s) used to make the decision.
  2. Include a Summary of Rights: The notice must include a copy of the FCRA-mandated "Summary of Your Rights Under the Fair Credit Reporting Act."


If you are a current EzyCheck user, you can access additional resources by going to the Admin tab and clicking on Client Forms in the EzyCheck System.

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