California Employment Law
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First, let me say that I am terribly sorry to hear that your daughter is in this situation. The best thing she can do is to call the DOJ's 24 hour Automated Telephone service at(NNN) NNN-NNNN If you want to call for her, you definitely can, you will just need her date of birth and the 10-digit transaction dentifer (ATI) number that appears at the bottom of the DOG form requesting the fingerprint background check. If there is still a problem with the status of her fingerprints, she can request to have them manually process the fingerprint impressions. While this process may delay the normal 72 hour window, it should not have taken a month.
When she has been doing this over the last month, what is she being told as to her status?
Did she have her scan done by LiveScan or what it done by someone else?
sorry meant to say was it done by someone else
So I have good news and I have bad news. The good news is that she is only required to have her fingerprints done two time. After two unsuccessful attempts to capture her prints, her suitability will be determined by the Department of Justice by using an alternate method of verification. Now for the bad news. If the recording continually states that the results are still in process, then the only remaining option is to keep contacting the Applicant Processing Program at(NNN) NNN-NNNNto get a status as to what is going on. If she is denied employment, she could have a cause of action, but absent this, all she can do is sit and wait.
You mention that another scan was taken Monday. Given the fact that most scans do not come back within 72 hours, chances are she will get the results of her last scan by the end of business tomorrow.
Was she told that she would loose this job opportunity on a particular date?
Okay, then try to call the Applicant processing program and someone there will be able to tell you if the record was dropped or if it was not completely processed.
As for why this has happened, there could be a number of different reasons. The most common are characteristics with the Applicant's fingerprints that makes them difficult to capture. This would include wear of the surface skin, cuts, cracks, scars, calluses and other skin conditions. Additionally, this could be occurring if her BCII 8016 form is incomplete or improperly filled out.
If this is happening because of an error on the part of the technician and she looses her employment, then she would have a negligence claim against LiveScan.
But again, my guess is that the automated system will tell you that everything is fine by the end of Monday (at the latest)
You would want to find an employer who specialized in both personal injury and employment law. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.
You would want to find an attorney I meant to say.
In the upper right part of the search bar you would type in Personal Injury Employment Law California
Then on the left hand side you would click on the town or county in which you live.
This would narrow down your search
As for the difference in time, California is much more efficient than the federal government. The federal search takes a minimum of 72 hours, and usually around one week (that is assuming everything went well)
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Hmm that is strange as that is the number listed. Try again to make sure that you did not mis-dial it:(NNN) NNN-NNNN If it still doesn't work call(NNN) NNN-NNNNand they should be able to tell you what the updated number for the Applicant Processing Program is.
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