Contingency List
Explicitly list each condition (background check, drug test, credential verification) and the standards used to evaluate results.
Contingencies protect employers and candidates by making the offer conditional on verifiable facts, reducing hiring risk and setting clear expectations on timing, background screening, and regulatory compliance under federal law such as ESIGN and state electronic transaction laws.
Typical parties involved include hiring managers, HR professionals, and the prospective employee; legal or compliance teams often review templates for regulated roles.
Clear role assignment and a signed agreement reduce misunderstandings about pre-employment requirements and preserve evidence of consent.
Explicitly list each condition (background check, drug test, credential verification) and the standards used to evaluate results.
Specify deadlines for completing each requirement and the effect on the candidate's start date if deadlines are missed.
Include candidate authorizations for background checks and data sharing consistent with FCRA and privacy requirements.
State who pays for screens, tests, or verifications and whether reimbursement is required if the candidate declines employment.
Describe the employer's right to rescind the offer, delay start date, or impose conditions if contingencies are unsatisfied.
Outline how results are stored, who has access, retention periods, and any HIPAA or state privacy considerations.
| Field | Configuration |
|---|---|
| Template | Create a reusable template with conditional fields for different roles. |
| Conditional Fields | Show or hide fields based on role or contingency type. |
| Signer Order | Set signing order: candidate first, then HR, then hiring manager. |
| Authentication | Require email and SMS code or stronger verification for sensitive roles. |
Ensure your eSignature platform supports required authentication, audit trails, and export formats before sending conditional offers.
Use platforms that capture timestamps, IP addresses, and completion certificates to satisfy ESIGN (15 U.S.C. ch. 96) and state UETA requirements.
3–7 business days typical depending on scope
24–72 hours depending on laboratory processing
Complete within three business days of start (8 CFR §274a.2)
Specify the offer acceptance window (e.g., 7 calendar days)
State whether employer may extend or revoke offer after deadline
Optica Ventures used a clear contingency clause for background checks to standardize hires across locations
Fertility Centers of Illinois required credential verification for clinical roles to meet regulatory expectations
| signNow | DocuSign | Adobe Sign | PandaDoc | HelloSign | |
|---|---|---|---|---|---|
| Starting Price | $8/user/mo | $15/user/mo | $14/user/mo | $19/user/mo | $15/user/mo |
| Free Trial | 7-day free trial | No | No | No | No |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
| Envelope Cap | No envelope cap | 100 envelopes/user/year | Varies by plan | Varies by plan | Varies by plan |