What happens if I fail in BGV?

Background Verification (BGV) is a critical process in the hiring phase for many organizations. It ensures that the information provided by a candidate is accurate and helps maintain workplace safety and compliance. However, failing a BGV can have significant implications for job seekers. This blog post explores what happens if you fail a BGV and the steps involved for both employers and candidates.

Reasons for Failing BGV

1. Criminal History: A criminal record is one of the most common reasons for failing a BGV. Depending on the nature of the crime, some convictions might disqualify a candidate from certain roles. For example, a conviction related to fraud could bar a candidate from a financial services position. However, not all criminal histories will automatically result in disqualification; it often depends on the severity and relevance of the crime to the job role.
2. Employment Discrepancies: Inaccuracies in employment history, such as incorrect job titles, employment dates, or falsified job roles, can lead to a failed BGV. Employers verify the details provided by the candidate against previous employers’ records, and any significant discrepancies can raise red flags.
3. Educational Mismatches: Educational verification checks the authenticity of the candidate’s academic credentials. Discrepancies between what a candidate claims and what is verified, such as fake degrees or unverified qualifications, can lead to disqualification.
4. Credit History: For roles involving financial responsibilities, a poor credit history or evidence of financial mismanagement can disqualify a candidate. This is especially relevant for positions that require handling money or sensitive financial information.
5. Driving Record: For jobs that involve driving, a candidate’s driving record is scrutinized. A history of traffic violations, accidents, or a suspended license can disqualify a candidate from such roles.
6. Failed Drug Test: A failed drug test is a common reason for disqualification, especially in industries where safety is paramount. Employers often require pre-employment drug screening to ensure that candidates do not use prohibited substances.

Consequences of Failing BGV

1. Withdrawal of Job Offer: If a candidate fails the BGV before starting the job, the immediate consequence is usually the withdrawal of the employment offer. The employer typically provides a reason for the withdrawal and may offer the candidate an opportunity to explain or dispute the findings.
2. Termination: If the candidate has already started working, a failed BGV can lead to termination. Employers must follow legal protocols, including providing the candidate with an adverse action notice and an opportunity to respond. This ensures compliance with employment laws and fair treatment of the employee.
3. Blacklisting: Some companies maintain internal databases of candidates who have failed BGVs, which can affect future job prospects within the same company or its affiliates. This can have long-term career implications for the candidate.
4. Legal Actions: In cases involving falsified educational or employment credentials, employers might take legal action against the candidate for fraud or misrepresentation. This can lead to serious legal consequences and damage the candidate’s professional reputation.

Steps for Employers

1. Review Company Policy: Employers should follow their internal policies and legal requirements when handling a failed BGV. This includes ensuring that all steps are compliant with the Fair Credit Reporting Act (FCRA) and other relevant laws.
2. Communicate with the Candidate: Providing candidates with a chance to explain discrepancies is crucial. Sometimes errors or misunderstandings can be clarified through dialogue, preventing unwarranted disqualification.
3. Compliance with Laws: Employers must ensure compliance with all applicable laws, including providing adverse action notices and respecting the candidate’s rights. This helps maintain a fair and legal hiring process.

Advice for Candidates

1. Be Honest: Always provide accurate and truthful information on your resume and during the application process. Honesty helps avoid complications and potential disqualification.
2. Prepare for BGV: Understand what will be checked during the BGV process and be prepared to provide accurate details and documents. This includes employment records, educational certificates, and any other relevant information.
3. Address Issues Proactively: If there are potential issues in your background, address them proactively with the potential employer. Providing context and explanations can help mitigate the impact of any negative findings.

Conclusion

Failing a BGV can have significant implications for both the candidate and the employer. It is essential for candidates to provide accurate information and for employers to handle the process fairly and legally. By understanding the common reasons for failing a BGV and the consequences, both parties can navigate the hiring process more effectively and maintain integrity and compliance in the workplace.