When a Company Can Withdraw a Job Offer

When a Company Can Withdraw a Job OfferWhen a Company Can Withdraw a Job OfferMany job applicants wonder if their job offer is set in stone once it has been extended. Unfortunately, the answer is no. For the fruchtwein part, employers can rescind a job offer for any reason or no reason at all, even after youve accepted their offer. So, what happens if you have already accepted a new job and the employer decides they dont want to hire you? Reasons Employer Can Withdraw a Job Offer Organizations can withdraw a job offer for virtually any reason, except a discriminatory one. However, there can be legal consequences in some situations. Why are employers so free to revoke a job offer? Because of employment at will. Most states, except Montana, have employment-at-will statutes, which allow employers to fire an employee under most circumstances. These laws are generally applied to rescinded job offers as well. When prospective employees fail criminal background checks, misrepresent thei r background or fail a drug test, there is often no legal recourse if an offer was rescinded based on those discoveries. If an employer can justify revoking an offer because the company cant reasonably accommodate a disability, the company may also be able to rescind an offer to a disabled candidate. Moreover, organizations who can document changes in economic conditions, such as decreased earnings, are generally able to withdraw job offers without suffering any legal consequences. Reasons a Job Offer Should Not be Withdrawn However, employers cant withdraw an offer for discriminatory reasons such as race, religion, gender, age or national origin, and job applicants may be able to obtain legal protection if they feel they have been discriminated against. As a precaution, candidates should wait until they have met all contingencies listed in a formal job offer before submitting a resignation at their current job, selling their home, signing a lease or incurring other moving expen ses. What to Do If Your Job Offer Is Withdrawn In some states, candidates may have grounds for a lawsuit claiming damages if they suffer consequences as a result of a withdrawn offer. In these cases, the plaintiff needs to show damages, such as moving costs incurred or lost income from a job they quit after receiving the job offer. If you think you might have a case, you should consult a lawyer in your state and make aya that the attorney has won similar cases and is willing to be compensated on a contingency basis. Minimizing the Chance Your Offer Will Be Withdrawn Its possible to do everything right and still wind up losing a job offer after its been extended, but there are things you can do to minimize the risk. Be Honest and Forthright As Mark Twain once said, If you tell the truth, you dont have to remember anything. Beyond that, if youre honest, you also dont have to worry about your employer finding out anything later on. Never lie on your resume, and be prepared to a nswer any questions about your background that might give an employer pause. (For example, a criminal history or bad credit.) Know Your Rights For the most part, employers can conduct background checks, including credit and criminal history. However, the Fair Credit Reporting Act restricts how they can ask for and use the information. Also, some states and cities have further restrictions about what employers can and cant ask during employment pre-screening. As of August 2017, 29 states prohibit employers from asking about criminal history. This ban-the-box legislation is intended to protect job applicants from discrimination. Consider Getting It in Writing In an interview with The Balance, Mimi Moore, Partner in the Chicago office of Bryan Cave LLP, suggests asking if the job offer letter can specify what will happen if the offer is rescinded. If so, its important to be specific about any signing bonuses, advances, and moving allowances. Make Sure Youre Comfortable With the Offer a nd the Company Moore says that this is most important. If the company has a bad reputation or the offer seems iffy, think twice before signing on the dotted line. Legally, companies can rescind most offers practically speaking, good employers wont get in the habit of doing so, lest they scare off talented workers. Have a Backup Plan Taking a new job is always a risk, and its a good idea to have a plan in case things dont work out. Would you ask for your old job back, pursue another lead, target another employer with your networking efforts? Busy as you are preparing for your new job, it pays to take a moment to think out what youd do in the worst-case scenario. You never know when you might need a Plan B.