AUSA/DOJ start date Forum

[Anonymous User]

Sort of idiosyncratic question but hoping for some experienced posters. I am currently undergoing background check process after accepting AUSA offer across the country. Assuming I pass, what kind of flexibility will I have in terms of start date? I think it will be 12-16 weeks from now before I’m able to, but is there a chance I’m given an additional few months to move, etc.?

[Anonymous User]

I'm speculating a little, but I think it's unlikely you will get an additional *few* months, given that you already have the offer and know that the background check is ongoing and presumably can start making some plans now (I realize you won't want to, say, sign a lease till it's a done deal, but you can still investigate/plan/start packing etc. Also, unless you know of some kind of skeleton in your closet, I don't think the background check should worry you and you should assume all will be fine). I know people who were asked to start the following week once their background check was done - now, they were local, but I throw that out there. I think something like a month is more likely.

But like I said, I'm speculating, I just think "a few months" is kind of a lot. I would just ask the HR people in the office directly how soon after the background check is complete would the office expect you to start work. They may be more flexible than I'm imagining (but given that offices only hire when they need another body they're probably all DYING for you start and take on a caseload). HR usually hates to have people start in the middle of a pay period, for instance, so that's one little factor that you can't control. They will doubtless tell you that they can't give you a date but at least try to get that length of time identified.

[Anonymous User]

I appreciate the response. My situation is complicated by the fact that I’m clerking and will almost certainly finish my clerkship before my background check is clear. I don’t have family money or something to be unemployed, am single, and need health insurance. So, I’ll be going to a firm, I think. And would fee like less of a piece of shit and itinerant if I stayed for 6 months.

[Anonymous User]

I don't mean to be unkind, but I'm not sure that will work. I don't think that a firm is going to be any happier if you stay for 6 months than if you stay for 3 months, and I think not telling them you've actually accepted an offer for another permanent job/not telling DOJ you took another purportedly permanent job in the meantime would look weird/bad to DOJ (and I think they would be likely to find out since additional employment would probably be something that would need to go into the background check and they they'd talk to that employer? or for conflicts? I think you would also have to explain why you needed additional months...it's all just a bit convoluted). It it at all possible to extend your clerkship instead? Or do doc review or some other kind of temp work in the short term?

In any case, if you do end up going to the firm, you're going to burn bridges with them either way - it doesn't make much sense to me to piss off both jobs by trying to stay at the firm longer when that's not going to make them any happier with you.

[Anonymous User]

Well, again, I have to have employment. It’s sort of baffling to me to think that I’m just supposed to sit and wait unemployed. (An old law school friend had this process take 10 months.) I have a chronic health issue that would destroy an emergency fund without insurance. Not to mention student loans, no spousal support or anything, and no family money. The offer letter specifically said not to make any life decisions based on the preliminary offer. To me, that means continuing to live as if I don’t have it. I had accepted a firm offer first.

I get I may not get additional time and that bridges will be burned. But I have no idea what a person is supposed to do. I have zero flexibility on clerkship extension (it’s COA, there can’t even be one day of overlap).

[Anonymous User]

Lol why don’t you explain the situation to HR and ask them to get your background check done before your clerkship ends? Literally they do a basic review - most of your background check is completed within your first year on the job. But if you accept another job after accepting this, and take on employment, you’ll need to disclose and lol at any USAO being like, yah we will give you six months. Maybe SDNY would, but most USAOs are anxious to get prosecutors started to lighten the load.

[Anonymous User]

(I'm the first anon who answered, not the anon ^.) I get that that's a difficult position to be in (and obviously this doesn't help you, but I think the system is built around people getting hired out of jobs they can stay in until their check is done, not clerkships). If you've already accepted a firm offer, that seems a little different - the problem (to me) is not so much you working in between, as you applying for another (permanent) job (as in not temp work/doc review) after you've accepted the USAO job. If it's a preexisting relationship (i.e. was in place when the USAO hired you) that seems a little different.

That said, like I mentioned, I think you're much better off just burning bridges with the firm by leaving the firm job early than pissing off both employers by trying to eke out more time at the firm. I don't think that's going to make anyone happy; for one thing, the longer you're at the firm, the more you get integrated into cases and replacing you becomes more of a pain, not less. So I get going to the firm, but don't see the point in putting off the USAO longer than you have to.

(To the anon above who says that "Literally they do a basic review - most of your background check is completed within your first year on the job" - that's not really been my experience, but even if that is true, they still have to do that basic review, and it still takes time. 12-16 weeks is a reasonable estimate for every AUSA I've known, and it sounds like that's an estimate the OP got from HR. The OP certainly should explain the situation to HR and see what HR can do, but individual offices don't do the background check, it's done centrally (by OARM I think), and so they only have so much control over how long it takes.)

[Anonymous User]

It is indeed preexsiting. Accepted long before even interviewing. But I appreciate the sentiment and you’re probably right. I guess it just feels worse taking cash and leaving immediately.

And as for the background check, HR confirmed whatbyou said - the backend is done by OARM and there’s basically no way to speed it up. I don’t have any arrests or anything but have a classic resume that would take longer to confirm. I’m not expecting the low end of the estimate. Also it is SDNY or similar office. I don’t think my onboarding changes the complexion of the office.