I was once in a situation not unlike what you are describing. I think you need to have a straight talk with the new employer.

If they are putting you in a spot where you could conceivably give your current employer less than 2 weeks (or even put in you a spot where you have to take on some risk), here is what I would do. Tell the some combination of the following:

- If they are putting you in a spot where you would have to give your current employer less than 2 weeks, explain that (if it would apply) your current employer requires two weeks of notice in order for you to collect certain benefits. In some employment contracts, failure to give 2 weeks could result in forfeiting benefits.

- If they want you to start in two weeks, but part of that two weeks.includes this period of uncertainty until you get the background check finished, they're asking you to assume some risk. I would use those exact words with them.

- Tell the new employer that you need to be as fair to your current employer, as your new employer would want you to be fair to them if you ever left them. I once used those words to a VP, who told me he admired the integrity and gave me the time I asked for. If the new employer is being shady about it, then you really have to ask yourself if you want to work for them. I'm not telling you what to do - but these are things you need to consider.

And I just read Al's latest reply - he is 100% correct.