How to Rescind a Job Offer
While taking back a Rescind a Job from a prospective new hire is never an easy process, there are specific protocols to follow.
- It’s a delicate matter with significant legal repercussions to withdraw a job offer.
- You should meet with the applicant in person to discuss your decision to revoke the employment offer and to formalize it in writing.
- Review the choice with legal advice to make sure you’re not exposing the company to potential legal action.
- This post is for small company owners and recruiting managers who are thinking twice about accepting a job offer from a candidate.
Small business owners and recruiting managers may ultimately decide to withdraw a job offer they made to a candidate. It’s never simple to inform an applicant that you’re withdrawing a job offer, whether it’s due to a recruiting error or for any other reason.
Revocation of a job offer must be done properly and carefully, taking legal counsel and any potential consequences into account. We’ll discuss what to do when withdrawing a job offer and what you need know to handle this situation politely and lawfully.
Also Read: How to Make a Pay Stub
Can you legally rescind a job offer?
There are circumstances in which you can legally accept or reject a job offer, as well as some murky regions in between. Think about these first two issues:
- Do you have a strong justification for rescinding the employment offer?
- Is what was done morally and legally?
When you can rescind a job offer
In a state or circumstance where employment is at-will, it is acceptable to withdraw a job offer. With an at-will contract, both the employer and the employee are free to end the employment relationship for any reason allowed by law.
When you can’t rescind a job offer
Job offers cannot be withdrawn by employers because of discrimination. For instance, they are unable to revoke a job offer due to a candidate’s ethnicity, religion, gender, gender identity, pregnancy, age, or acts related to whistleblowing.
A job candidate may file a lawsuit if they believe they were the victim of discrimination.
When you may face legal consequences
Even if you have the option to reject a job offer, there may still be legal repercussions. A legal principle known as “promissory estoppel” (commitments made) enables a party who has been injured to enforce employment promises even in the absence of a formal employment contract. This notion is a vital justification for consulting a lawyer before rescinding an employment offer.
In addition, when an employer revokes a job offer, legal and ethical issues may cross paths. Let’s use the scenario of making a job offer to a sales manager applicant. The applicant sells their home and submits a letter of resignation to their work. But you withdraw the proposal.
Although the employer has the legal authority to exercise its at-will employment rights, the sales manager applicant has the legal guarantee of a job. In this case, despite the lack of a formal and completed contract, the applicant may nevertheless utilize promissory estoppel in court to uphold the employment commitment and demonstrate financial loss.
What to do before rescinding a job offer
Small company owners should take considerable caution and planning before rescinding a job offer. Even though the offer withdrawal is within your rights, improper preparation might result in significant legal repercussions.
Consider the following standard practices before withdrawing a job offer.
1.Perform a full legal review before rescinding the job offer.
Before withdrawing the employment offer to the applicant, get advice from a professional and conduct a legal assessment. Keep in mind that if the applicant feels you violated an implied contract, they have the authority to file a lawsuit. Even seemingly harmless comments like “I look forward to working with you” may carry the implication of a job offer.
2. Have another candidate ready to fill the vacant role.
The post is open even after a failed application from a job seeker. Long-term vacancies can hinder production, especially if filling a crucial post is involved. To reduce operational and procedural disruptions, consider rescinding an applicant’s offer while keeping a backup candidate in mind.
You may evaluate highly talented individuals you previously passed on or conduct a fresh round of interviews in order to recruit the best staff. As you withdraw the job offer and choose a new applicant, plan your time and financial resources carefully.
How to communicate a rescinded job offer to a candidate
Communication with the candidate about the decision needs to be done with care, clarity, and empathy due to the potential legal ramifications of withdrawing a job offer.
So that they may pick up their job hunt again, inform the candidate as soon as you can. Prompt notification can help lessen bad feelings and potential legal proceedings.
Here are six suggestions for telling an applicant that you are withdrawing your employment offer:
1.Meet in person.
To communicate your choice with the applicant, if at all feasible, arrange a face-to-face meeting or video conference. You may contact them on the phone informally to start things off before setting up a meeting in person.
2.Share the reason why.
Share your rationale for withdrawing the offer, if you have one or more legal justifications for doing so. You can write a statement to read to the candidate with the assistance of your lawyer.
3.Allow the candidate time to absorb the news.
The contender will probably be surprised by the choice. Give them some time to digest the news. Listen to them. There will probably be multiple inquiries from the candidate. It’s advisable to adhere to the script or statement that you and your attorney came up with.
4.Do not overshare or make promises.
Make no guarantees about future follow-up meetings or potential career prospects.
5.Share a rescinded-job letter.
As a formal written letter in response to your conversation with the applicant, send it. The letter must be dated and include a justification for the choice. It should also mention that you are an at-will employer, if applicable.
6.Provide a follow-up resource or contact.
Think about giving the candidate the contact information for your HR manager or legal counsel.
Common reasons why employers rescind job offers
Although every situation is unique, there are a number of common reasons why businesses withdraw employment offers, including the following:
- You learned about a candidate’s criminal past.
- A background investigation produced disappointing findings.
- The applicant tested positive for drugs.
- Questions about references turned up unfavourable information.
- The applicant submitted fake application documents.
- An active noncompete agreement binds the applicant.
- Budget reductions were unanticipated for your business.
- Projects and client contracts were cancelled or delayed for your business.
- Either new executive leadership was introduced, or the chosen candidate had insufficient leadership backing.
- Negative post-offer encounters with the candidate highlighted serious issues with their demeanor and abilities (such as a lack of professionalism), giving the impression that they would be a poor hire.
Sample rescinded job offer letter
This example of a letter retracting a job offer is succinct, truthful, and direct. This example is meant to give you a sense of what to include. Verify its legal viability with your counsel before submitting any formal correspondence.
You were given a job offer for a position with [business name] as [job title] on [date]. Employment with our firm was conditional upon meeting [pre-employment qualifying requirements, such as a background check], as mentioned in your offer letter, as well as [insert other pre-employment qualifying criteria].
We [for example, were unable to validate facts you had supplied on your former jobs] throughout our hiring process.
Consequently, this letter acts as official written notice that the [business name] has withdrawn its contingent job offer that was made to you on [date].
We wish you nothing but success in your search for a new job.
Rescinding job offers the right way
A job offer could need to be withdrawn for a variety of reasons. Some are beyond your or the candidate’s control, while others are the consequence of deliberate choices made by either party. Whatever the reason, rescinding an offer properly is essential to preventing future financial and legal problems.