I was offered a position with a company. The offer letter states, "Please note this offer is contingent upon obtaining the required security clearance, and a successful background check. Your employment will commence within 30 days of final adjudication of the security clearance."
I signed the offer letter and the SF-86 I filled out was ruled as "Clearance Pending" so there is a chance I will receive the clearance after adjudication. They wanted me to start with an interim clearance but I was not granted one.
The company has reposted the position on their website and via phone conversation with the HR Director, have been told a future candidate may receive the position if Cleared before me. Can they do this? They have not rescinded the offer nor do they wish to.
Did the offer letter state that the offer would remain open for a specific period of time? Also, I would need to see the specific language regarding "start[ing] with an interim clearance but I was not granted one." Was obtaining an interim clearance stated as a required contingency?
Without more information what I can tell you is that the offers generally may be revoked. However, once someone such as yourself expends money and/or takes substantial action in reliance upon an offer, and especially where the offer itself anticipates you would necessarily complete a lengthy process to accept the offer, the employer may be required to give you a reasonable time in which to complete the process.
The answer to your question/situation would require information about the particular agency and position for which you have applied as well as review of the offer letter and accompanying materials.
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