Help Avoid Legal Pitfalls When Withdrawing a Job Offer

checkpointmarketing | November 13, 2016

Help Avoid Legal Pitfalls When Withdrawing a Job Offer
Finding the right person for a job opening is often difficult, and employers may jump the gun when they think they have a good candidate. Occasionally, they learn too late that they shouldn't have made a job offer at all. Depending on the circumstances, withdrawing an offer may be the right move. For example, the new hire may have flunked a background check — criminal, credit or drug — after he or she accepted the job. Or your staffing needs might have suddenly changed due to a reorganization or a financial setback Regardless of the reason, proceed with caution to avoid hot water. There's nothing illegal about rescinding a job offer. However, you could be risking litigation if your reason for doing so is rooted in discrimination against "protected class" individuals, or based on learning that the job applicant is pregnant. Also, if you have made a written job offer, but the job applicant hasn't formally accepted the job at the time you rescind it, the offer isn't generally binding. Similarly, if the applicant presents you with a counteroffer (meaning that you're negotiating over job terms), there has been no agreement and you can't be held to your original offer.

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