Guardian’s Travels #1

If you are unfamiliar with Clement Bard, he is the notorious, self-taught, barstool lawyer. He never had any official training; however, he is very self-assured in his abilities. Clement immerses himself in such nuances as the Oxford comma and the meaning of semicolons. He just applied for a position with The Catskill Center, working with at-risk youth. Do not get all choked up in admiration, Clement certainly has alternative motives at play here!

Guardian wasted no time! Racing through the air, he sang to himself. “Here I come to save the day...” Oh wait. Is that theme song already taken? Nevertheless, this is no time to sing; Guardian must get to The Catskill Center before it is too late. Guardian saw Anastasia, Human Resources Associate, reviewing the background investigation compiled by the team at Commercial Investigations LLC.

Ah, what a relief! Though Clement did not disclose his little run-in with the police nine years ago, those diligent investigators found it. In Clement’s mind, he was innocent. His friends were the ones who torched the abandoned Burger King. He was convicted of being an accessory to the crime just because he was there. So, according to Clement, he didn’t do anything and it is ancient history. “Anything over seven years cannot be held against me,” he thought.

From where Guardian perched, he could see Anastasia shake her head. If Clement had come clean at the beginning, there could have been some value in him learning his lesson when working with the youth here. However, the last thing The Catskill Center wants is someone showing their youth how to get away with crimes. Anastasia pulled up the sample preadverse action letter provided by Commercial Investigations LLC.

Dear Mr. Clement Bard,

Enclosed is a consumer report that was requested in connection with your application for employment with The Catskill Center. In accordance with the federal Fair Credit Reporting Act, enclosed is a copy of your rights under the Act. Because contents of this report may adversely affect our hiring decision, you have the right to dispute the accuracy and completeness of the information it contains. You may do this by contacting Commercial Investigations LLC....

Anastasia was just about to hit the send button. “With the preadverse action letter sent by email, Mr. Bard should get it today and two days should be enough time for him to present any issues to Commercial Investigations. If we don’t hear anything by Thursday I’ll send the adverse action letter.”

“NO!” Guardian exclaimed, swooping down on Anastasia’s keyboard and looking her straight in the eyes. He always liked Anastasia, but this could be catastrophic! “Clement Bard, or Mr. Bard as you so politely call him, will eat you alive! Print out that preadverse action letter and send it by certified mail today. Give him five business days to dispute anything. It may seem a bit much, but he lives off honest oversights.”

Sure enough, when Clement saw the email, he grinned. Two days later, the letter arrived in the mail and sent the potential lawsuit down the drain. He called CI and pulled out all his lawyerly knowledge, but for some reason they were not as impressed as his buddies at the bar.

Another organization saved from bad actors. Guardian was pleased! There is much to be said about having a good Adverse Action Process. Now that his work was done here, maybe there is time for some singing...until next time!