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Fingerprint Issues and Resident Drivers

October 01, 2003

Question: Now that we cannot put a new employee to work until their fingerprints have cleared, and we can not require them to submit to have their fingerprints taken until we have offered them a job, can we make a job offer contingent upon receiving DOJ & FBI clearance within say, 10 days? More often than I like, we receive back a "delay response" and there have been times when that delay can be weeks to months. I cannot hold open a job that long without filling it. If they do eventually get cleared I may not have an opening. I do not want to run afoul of the labor laws.

Answer: In general, an employer is not obliged to hold open a position for any specific time...

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Joel Goldman

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415-995-3428 Fax

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