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Misconduct Investigations


An addition to the FACT Act makes it clear that employers are not required to have permission from the employee to perform a misconduct investigation of a current employee. This is a change, as formerly you were required to solicit and receive permission. You may conduct a misconduct investigation if you suspect misconduct relating to employment; a violation of federal, state, or local laws or regulations; a violation of any pre-existing written employment policies; and/or noncompliance with the rules of a regulatory organization.


If you conduct a misconduct investigation, you are not required to give notice or provide the employee with the results. You will have to provide an adverse action letter if the results of the investigation causes you to take some action against the employee, which will include a summary of the results of the report, but not the body of the report or any sources who provided information, nor can the employee dispute the findings of the report.


For more information about the Fair Credit Reporting Act and what it means to you, contact Bob Drusendahl at bob @, or by telephone at (216) 226-7700, extension 106. You may also check the FTC’s Web site,, which includes publications for businesses and the full text of the FCRA.

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