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What is an "employee misconduct investigation"? This is an investigation check your credit Binghamton conducted by a third-party your employer may hire if the employer suspects you of: Why was this change made to the FCRA? This section was adopted to make it clear that employers do not have to get permission to conduct a misconduct investigation. Prior to check your credit Binghamton this, FTC staff issued an opinion letter, the so-called "Vail Letter," that said the FCRA applies even when an employee is suspected of misconduct and the employer hires an outside investigator. (Note: California law already includes an exception for workplace misconduct investigations.

www.privacyrights.org/fs/fs16a-califbck.htm) If my employer suspects me of misconduct, what does this mean for me? It means your employer does not have to give you notice check your credit Binghamton and get your permission to conduct a misconduct investigation. Like other inquiries covered by the FCRA, this only applies if the employer hires an outside party to conduct the investigation. It also means you will not receive a notice of your rights as others who are subject to a standard employment background check normally would. If, at the end of the investigation, the employer decides to take some action against you, you receive the "adverse action" notice check your credit Binghamton only after the action has been taken. free company credit report

You will receive only a "summary" of the investigation report, but not the more detailed report that may include sources. Who will see the investigation report?check your credit Binghamton The report may be communicated to: Not under the FCRA dispute procedure. That is because this new section on workplace misconduct investigations was effected by removing this type of investigation from the definition of "consumer report." Thus, the usual protections that apply to a "consumer report" conducted for employment purposes do not apply to workplace misconduct investigations. If you find yourself in this position, you will probably want to seek the advice of an employment law check your credit Binghamton attorney. Another new feature of the FCRA allows consumers to get a free copy of their credit report once check your credit Binghamton a year. Final regulations adopted by the FTC set a geographical "rollout" schedule check your credit Binghamton for free credit reports beginning December 1, 2004. getting credit reports The final regulations can be found on the FTC's web site at www.ftc.gov/opa/2004/06/freeannual.htm The schedule for access to free credit reports is also available on the PRC web site: www.privacyrights.org/fs/fs1-surv.htm FACTA also requires a free annual file disclosure for consumer reports prepared by "nationwide specialty consumer reporting agencies." This refers check your credit Binghamton to companies that compile, maintain files, check your credit Binghamton and issue reports on consumers that relate to: For job applicants and employees, check your credit Binghamton this means, starting in January 2005, you may receive a free copy of your "file" maintained by a "nationwide specialty consumer reporting agency" that supplies employers with background checks. Before, you could request check your credit Binghamton a copy of your "file" but would have to pay for it.

Now, companies that provide employment background check reports have to, as a minimum, set up a toll-free number that gives you instructions on how to get the information in your "file." Companies may but are not required to also provide access to the free "file" disclosure through a web site address.

Your "file" is not the same as your "report." The "report" is the document check your credit Binghamton the background screening company gives to your employer. The FCRA gives you the check your credit Binghamton right to receive a copy of your "report" directly from the employer," but only if the employer issues an "adverse action" notice. 3 credit Your "file" is defined in the FCRA as ".all of check your credit Binghamton the information [about you] recorded and retained by a consumer reporting agency regardless check your credit Binghamton of how the information is stored." (FCRA §603(g)) You are entitled to see your "file," whether or not the employer gives the "adverse action" notice. The FTC has declined to publish a list of national specialty consumer reporting check your credit Binghamton agencies that are subject to this requirement.