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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12467
Experience:  Significant experience in all areas of employment law.
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I received an approval from the FDIC for a Section 19 waiver..

Resolved Question:

I received an approval from the FDIC for a Section 19 waiver.. i am now going back to the Bank that told me to get the approval from the FDIC i have submited all the information to the Bank and it is now going on a month without a decision.. does the Bank still has the right to deny me employment after being approved by the FDIC ?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Unfortunately, the fact that a job candidate receives a section 19 waiver does not mean that the prospective employer must then hire them for the position, even if the prospective employer previously indicated this was all that was needed to complete the hiring process.

The unfortunate reality is that an employer is free to deny employment to any person for any reason, without regard for past promises or assurances of employment, unless the basis for the denial of the employment is the employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. (Govt. Code 12921)

Thus, unless your denial of employment was based upon one of these discriminatory classifications, it would not be illegal, even though it may be quite unfair.

I am so very sorry to deliver this news to you, as I realize this is not what you were hoping to hear. If it is any consolation, I believe the law is unfair in this respect. Of course, you are here not because you want an opinion on what the law should be, you are here because you want to know what the law actually is in this instance. Accordingly, I hope you will appreciate my very direct response to your question.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "click "accept" or the submit button and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
Customer: replied 5 years ago.
The bank has me in there system as not eligable to be rehired they told me that if i got the section 19 approval i could re-apply for empolyment but in order to do that.. they would need to change my name in there system to show that i'm re-hireable so i can apply please advise
Expert:  Patrick, Esq. replied 5 years ago.
Thank you very much for your follow up. Would you be so kind as to clarify what your follow up question is?
Customer: replied 5 years ago.
If i apply thur a temp agency for a job they will take my name and social security number and run it thur the banks system to see if i'm eligable for re-hire.. if it comes back i'm not then that cant offer me the oppurinty to apply for the job... Now my section 19 approval says that i'm approved to work at any bank or credit how can i even have the oppurinty to apply if the ban does'nt cahge my status...
Expert:  Patrick, Esq. replied 5 years ago.
Thank you very much for clarifying.

Unfortunately, there is no law that would compel a particular bank to update its system to note that an applicant has obtained a section 19 waiver and is now eligible for re-hire. Section 19 of the Federal Deposit Insurance Act prohibits banks from hiring applicants who have committed section 19 offenses, but does not mandate that banks hire such applicants once they have obtained a waiver. Section 19 also does not require banks to update their private databases to reflect that a section 19 waiver has been obtained.

Although this is very unfair, employers retain absolute discretion to hire and can reject applicants for arbitrary or even non-existent reasons unless the motivation for doing so constitutes "discrimination," as defined above.

Again, my number one goal is that you are satisfied with my answer. If you are, I would greatly appreciate your if you would click the "accept" button and/or the smiley face if it appears. If you still require further clarification, I am happy to continue assisting you.
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