Failed a background check? What a pre-adverse action notice means, and what to do.
If something in a background report may cost you a job, federal law gives you a chance to see the report first. Use that window quickly and calmly.
If an employer may reject you because of something in a background report from a reporting company, they must first give you a copy of the report and a Summary of Rights; this is often called a pre-adverse action notice. Read the report straight away. If it contains mistakes, contact the background reporting company to dispute them and tell the employer. If it's accurate, explain the context briefly and honestly.
What happens
Pre-adverse action notice
Before acting against you because of a report, the employer must give you a copy of it and a Summary of Rights, as the FTC quote below says.
Mistakes happen
Wrong person, outdated records or a mix-up with a similar name. The FTC says to contact the reporting company to explain the mistakes.
Accurate information
You can still explain context: time passed, what you've done since, how it relates to the role.
If you think your rights were ignored
You can report problems to the FTC, or talk to an employment attorney about your situation.
Within a few days of the notice
- Read the report and the Summary of Rights.
- Mark anything inaccurate.
- Dispute errors with the background reporting company in writing.
- Email the employer that you're disputing or explaining.
- Keep copies of everything.
3 copy-ready templates
Illustrative: names, companies, dates and numbers in these templates and examples are fictional. Replace every bracket with your own true details before you use anything.
Tell the employer you're disputing an error
When to use: Reply to the pre-adverse action notice.
Hi [Name], Thank you for sending the report. The [record / entry] on page [X] is not mine / is inaccurate: [brief explanation]. I've contacted [Reporting company] today to dispute it and will share their response as soon as I have it. I'm still very keen on the [Role] and would be grateful if you could hold the decision while this is corrected. Best regards, [Your name]
Dispute letter to the reporting company
When to use: Send in writing and keep a copy.
To [Reporting company], I am disputing information in the background report prepared for [Employer] on [date]. The following item is inaccurate: [description]. The correct information is: [details]. Supporting documents are attached. Please investigate and correct the report. [Full name] · [Address] · [Report or reference number]
Explain accurate information
When to use: When the record is correct.
Hi [Name], thank you for the opportunity to respond. The [record] from [year] is accurate. Since then I have [concrete steps: work history, training, references]. I'd welcome the chance to discuss how it relates to the [Role]. [Your name]
Disclosure: TryHired makes HIRED, a paid job-search program, so we have a conflict of interest when we mention it. Everything on this page is free to use without buying anything.
Your response
| Situation | What to do |
|---|---|
| Report has an error | Dispute with the reporting company; tell the employer. |
| Report is accurate | Explain context briefly and honestly. |
| No copy received before rejection | You can report it to the FTC; consider legal advice. |
| Employer won't wait | Keep disputing to correct the record for future checks. |
The same move, done two ways
Illustrative example with fictional details.
| Version | Example |
|---|---|
| Weak | Ignored the notice, assuming nothing could be done. |
| Strong | Read the report the same day, disputed a wrongly matched record with the reporting company, and asked the employer to hold the decision. |
Why it matters: The notice exists so you can respond. A fast, documented response is your best chance of keeping the offer.
Mistakes to avoid
- Ignoring the pre-adverse action notice.
- Disputing with the employer only, not the reporting company.
- Arguing instead of explaining.
- Not keeping copies.
What official sources say
Quoted word for word from official pages; state law, local law and your contract can add rules.
- Federal Trade Commission, Employer Background Checks and Your Rights, on what an employer must do before acting against you because of a report: "They must give you a copy of the report and a “Summary of Rights”". Accessed Nov 3, 2026.
- Federal Trade Commission, Employer Background Checks and Your Rights: "If you think there are mistakes, contact the background reporting company to explain the mistakes". Accessed Nov 3, 2026.
- Federal Trade Commission, Employer Background Checks and Your Rights: "Employers must get your written permission before running a background check with a background reporting company." Accessed Nov 3, 2026.
Keep going
Questions people ask
What is a pre-adverse action notice?
Can I dispute a background check?
Will a failed background check follow me?
Should I explain a record that is accurate?
How this page is built
Written by Maid Dizdarevic, a career coach and 8x LinkedIn Top Voice. The steps, scripts and timing guides are practical advice, labelled as advice. We do not publish response rates, success rates or shares of employers, and every example uses fictional details. Official facts are quoted word for word from the pages listed under Sources.
- How a specific employer, recruiter or manager will act: practices vary by company, industry and person.
- Legal advice: for contracts, background-check disputes, pay classification or a termination, talk to an employment attorney, the U.S. Department of Labor or your state agency.
- Outcomes: no message, plan or program can promise an interview, a raise or a job.
- TryHired editorial guidance by Maid Dizdarevic, career coach, Nov 4, 2026.
- Federal Trade Commission, Employer Background Checks and Your Rights, on what an employer must do before acting against you because of a report: "They must give you a copy of the report and a “Summary of Rights”". Accessed Nov 3, 2026.
- Federal Trade Commission, Employer Background Checks and Your Rights: "If you think there are mistakes, contact the background reporting company to explain the mistakes". Accessed Nov 3, 2026.
- Federal Trade Commission, Employer Background Checks and Your Rights: "Employers must get your written permission before running a background check with a background reporting company." Accessed Nov 3, 2026.