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             What Are Workplace Investigations And Annual File Disclosures?


If you are employed, your current employer can perform an employee misconduct investigation.  The employer will use the services of an outside agency for such investigations.  The employer will decide to perform an employee misconduct investigation when the employer is suspicious of an employee.  The employer may be suspicious that the person is either not compliant with any self regulatory organization rules, acting in violation of the employer's pre-existing policies, acting in violation of laws of a federal, state or local nature or are behaving is such a way that it is considered misconduct by the employer. 

In such a case where the employer is suspicious of an employee, the employer does not have to receive permission from or give notice to the suspected person in order to perform an employee misconduct investigation.  The employer does not have to notify the employee of their rights as it pertains to a normal employment check. 

If the employer takes an adverse action against the person who has been investigated through a misconduct investigation, the person will be notified with an "adverse action" notice once the adverse action has been performed.  Another difference from the standard background check report procedure is that the person receives a summary report and not a full report. 

More people than just the employer may be able to read the employee misconduct investigation report.  Aside from the employer or their agent, federal officers, state officers, related departments, related officers, local government agencies, local government departments, related self-regulatory organizations, other authorities as required by law or any related government agency. 

As for annual file disclosures from consumer report agencies, the FCRA lets people receive a free copy of their credit report.  The report is what an employer can see.  The file contains all information that is stored about the person.  When an adverse action has taken place, the person can receive a copy of that report from the employer. 

Further, the companies that perform consumer reports must provide a toll-free number where people can get information on how to access the information that is contained in their file.  Despite this, these same companies do not have to display such information on their websites.  Unless, a person knows exactly which company that has prepared a report on him or her, it can be like looking for a needle in a haystack to find the correct file.  When a background check has been performed on a person, that person should find out which consumer reporting agency was used to gather the information.