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A friend of mine got a after 2 years of in Marketing. While he was , he was trading in FX and waiting for a . He did include that trading experience on his . When he finally got a job (in Marketing) the employer ran a and asked for a for his trading experience (which is irrelevant to his Marketing job and prior marketing experience). This friend of mine could not produce a because this was personal (not employment) and also he hadnt made any . The background check company that the employer was using failed his background check as a result and my friend lost this job. Then he started applying to other companies and removed this trading experience from his resume and just showed those 2 years as a in his resume while he is looking for . He just landed another offer. On these new background check forms, it says " have you ever failed a background check" should he say "yes"?

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  1. jobbend on Sep 24, 2011

    If he is in the US, he needs to understand some basic rights he has. Background checks are given after a "conditional offer of employment" has been extend, and accepted. Which it sounds like happened here.

    But, when you are released from employment due to a failed post hire drug or background check, you are subject to what is called and "adverse action". And that means you have the right to free and ready access to the information that was used to create the "adverse action" – which in this case is him being fired. If he has not been given that, then he needs to request it right now, and then call the agency that ran the check and get a copy of the information that was provided to the employer.

    Once he has that information in hand, he can see what was provided, and confirm that the information is accurate. If it’s not, he needs to take steps to correct it immediately.

    Also, the agency that a company hires to do a background check doesn’t do a pass/fail. The employer evaluates the information that is received from the agency. And based on their hiring criteria decides if the conditional offer of employment continues, or they fire the employee.

    Should he say that he as failed a background check in the past? If he reads the information on the check and it is correct, then yes – he needs to disclose he has failed a check in the past. There is typically a conversation about why the failure occurred. He may want to talk to a labor law attorney about this to be sure about how to approach this.


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