Email template · Pre-employment and background checks
Adverse action email
In short
An adverse action notice is the final message telling a candidate or employee that you are not moving forward because of information in a background report. Under the FCRA it must name the screening company, state that the agency did not make the decision, and explain the right to a free copy of the report and to dispute it. Below are three templates.
When to send it: Send it only after the pre-adverse action notice has gone out, the response period has passed and you have reviewed anything the candidate sent. If the candidate's response changes your mind, send a clearance instead.
Adverse action email: 3 versions
Standard final notice
SubjectFinal decision on your application for [Job Title]
Dear [Candidate Name], On [Pre-Adverse Notice Date] we sent you a copy of your consumer report and a summary of your rights, and gave you until [Response Deadline] to respond. [We did not receive a response. / Thank you for the information you sent on [Date]; we reviewed it carefully.] After review, we have decided to withdraw our conditional offer of employment for the [Job Title] position. This decision was based in whole or in part on information in the consumer report provided by: [Consumer Reporting Agency] [CRA Address] [CRA Phone Number, toll-free if a nationwide agency] [CRA Website] [Consumer Reporting Agency] did not make this decision and cannot explain why it was made. You have the right to: - Get a free copy of your consumer report from [Consumer Reporting Agency] if you request it within 60 days of receiving this notice. - Dispute the accuracy or completeness of any information in the report directly with [Consumer Reporting Agency]. A copy of A Summary of Your Rights Under the Fair Credit Reporting Act is attached again for your reference. We appreciate your interest in [Company]. Sincerely, [Your Name] [Title], [Company] [Email] | [Phone Number]
Fair chance jurisdiction (final decision)
SubjectFinal decision regarding your [Job Title] offer
Dear [Candidate Name], We have completed our review following the preliminary decision we sent you on [Pre-Adverse Notice Date] regarding your conviction history. [We reviewed the documents you provided on [Date], including [Summary of Documents].] We have made a final decision to withdraw our conditional offer for the [Job Title] position. [Brief reason consistent with the individualized assessment, if required in your jurisdiction.] This decision was based in whole or in part on a consumer report from [Consumer Reporting Agency], [CRA Address], [CRA Phone Number]. [Consumer Reporting Agency] did not make this decision and cannot tell you why it was made. You may request a free copy of the report from [Consumer Reporting Agency] within 60 days and dispute any inaccurate or incomplete information with them. [Required local language, e.g. your right to challenge the decision, any procedure to appeal or request reconsideration, and your right to file a complaint with [Agency Name].] Sincerely, [Your Name] [Title], [Company]
Current employee
SubjectOutcome of your background screening review
Dear [Employee Name], As we discussed in our notice of [Pre-Adverse Notice Date], we have reviewed the results of the background screening conducted for [Reason, e.g. your transfer to the [New Role] position]. After considering [the information you provided / the report], we have decided [not to approve the transfer / to end your employment effective [Date]]. This decision was based in whole or in part on a consumer report from [Consumer Reporting Agency], [CRA Address], [CRA Phone Number]. [Consumer Reporting Agency] did not make this decision and cannot explain the reasons for it. You may obtain a free copy of the report from them if you ask within 60 days, and you may dispute the accuracy or completeness of the report with them. [HR Contact Name] will contact you about [next steps, final pay and benefits]. Sincerely, [Your Name] [Title], [Company]
Subject line ideas
- Final decision on your application for [Job Title]
- Adverse action notice: [Job Title] at [Company]
- Update on your conditional offer
- Final decision regarding your [Job Title] offer
- Outcome of your background screening review
SMS and WhatsApp version
Hi [First Name], this is [Your Name] at [Company]. We've emailed you a final decision about your [Job Title] application, including your rights regarding your background report. Please check your inbox and spam folder for a message from [Sender Address].
Placeholders to replace: [Candidate Name], [Employee Name], [First Name], [Job Title], [Pre-Adverse Notice Date], [Response Deadline], [Date], [Consumer Reporting Agency], [CRA Address], [CRA Phone Number], [CRA Website], [Agency Name], [HR Contact Name], [Sender Address], [Your Name], [Title], [Company], [Email], [Phone Number]
The required contents
Section 615(a) of the Fair Credit Reporting Act lists what the final notice must contain when an adverse decision is based in whole or in part on a consumer report:
- The name, address and phone number of the consumer reporting agency, with a toll-free number if it is a nationwide agency.
- A statement that the agency did not make the decision and can't explain why it was made.
- Notice of the person's right to a free copy of the report from the agency if requested within 60 days.
- Notice of the right to dispute the accuracy or completeness of the report with the agency.
The notice can be given orally, in writing or electronically, but send it in writing so you have a record. For a full definition and the legal background, see our glossary entry on adverse action. If you'd rather send a formal letter than an email, use the adverse action notice template. This is general information; state and city rules vary.
Timing: the two-step process
The final notice is the second step. The first is the pre-adverse action email, which includes the report and the Summary of Rights and opens a response window. Five business days is the usual minimum. Sending both on the same day, or sending the final notice before the window closes, is one of the most litigated FCRA errors, and class actions over it are common.
At one 300-seat contact center, the recruiting team set a simple rule: the final notice can only be released by a second person, who checks the pre-adverse send date, the response log and the decision record before clicking send. It adds one minute per case and removes the most common failure.
Fair chance and state requirements
Many jurisdictions add content to the final notice when criminal history is involved. California's Fair Chance Act requires the final decision in writing and a notice of any process to challenge it and of the right to file a complaint with the state Civil Rights Department. New York City requires its own steps and records. Some states also have their own consumer reporting laws with additional disclosures. Keep a jurisdiction checklist next to the template, and have counsel review the final wording once. Many teams lock the approved text in a library of document templates so recruiters fill in names and dates but never edit the legal paragraphs.
Tone and wording
Keep it short, factual and respectful. This person may have waited weeks for a job they were counting on. Don't restate the offense, don't lecture, and don't use phrases like "failed the background check". Do confirm what they sent you, if anything, and that it was reviewed. If the job offer itself needs a separate withdrawal message for non-screening reasons, the rescind job offer email covers that situation; don't mix the two.
Mistakes to avoid
- Skipping the pre-adverse step because the result looked clear-cut.
- Leaving out the agency's contact details or the 60-day free copy right.
- Implying the screening company made the decision. The employer decides.
- Inconsistent outcomes for similar records in the same role, which creates disparate treatment risk.
- No record. Keep the report, both notices, delivery evidence, the candidate's response and the reviewer's reasoning, consistent with your retention policy.
Frequently asked questions
What must an adverse action notice include?
The screening company's name, address and phone number, a statement that it did not make the decision, and notice of the right to a free copy of the report within 60 days and to dispute its accuracy. Local laws may require more.
How long after the pre-adverse letter can I send the final adverse action letter?
After the response window you gave in the pre-adverse notice has passed, commonly at least five business days. Some states and cities set specific minimums and extensions.
Can an adverse action notice be sent by email?
Yes. The FCRA allows oral, written or electronic notice. Email works well if you keep delivery records and use mail as a backup when an address bounces.
Is there an adverse action letter template for employees, not just candidates?
Yes. The same rules apply when a report affects a current employee's promotion, transfer or continued employment. Use the employee version above and route it through HR.
Do I need to give a reason in the final adverse action email?
The FCRA does not require the employer to explain its reasoning, but fair chance laws in places such as California and New York City do require you to identify the conviction and follow specific steps.