september 2013 Newsletter
Rescinding Job Offers
If you learn new information about a candidate who you have already given a job offer to you CAN rescind that offer.
The main thing you will have to worry about, however, is if it could appear that you did so for discriminatory reasons. All applicants are part of a protected class (based on their sex, race, and ethnicity at the very least). Therefore, if the candidate is under the impression the job was rescinded because of a protected class they are a member of, the candidate may seek legal counsel.
First, it is important to to determine what exactly the “new information” is. So long as the reason isn't discriminatory against a protected class you should be fine.
Second, although it is not necessary to communicate to the applicant why you have decided to withdraw the offer, it is a good practice to do so. That way, if they do go to an attorney, one of the first things that the attorney will ask is “why was the job offer rescinded?” If you give the applicant a valid reason, most attorneys will not take a fruitless claim.
The information you provide to the candidate should be factual, straightforward, and brief. You are not required to give them any information at all, so it is up to the employer to determine how much information to divulge. It is wise to discuss the explanation with Human Resource Solutions, or an attorney, before you send it to the candidate. This way you will be sure that you have considered all potential legal issues that could arise as a result of the withdrawal.
There are many reasons why an employer would want to rescind a job offer: maybe you can no longer afford to hire a new employee, or maybe the candidate expressed behavior after the offer that raised red flags for your organization, or the candidate could have lied on their application. Any of those reasons would easily justify rescinding the job offer. However, it is important that you make clear the reason is a non-discriminatory one, if you do not your company could face legal consequences.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
If you learn new information about a candidate who you have already given a job offer to you CAN rescind that offer.
The main thing you will have to worry about, however, is if it could appear that you did so for discriminatory reasons. All applicants are part of a protected class (based on their sex, race, and ethnicity at the very least). Therefore, if the candidate is under the impression the job was rescinded because of a protected class they are a member of, the candidate may seek legal counsel.
First, it is important to to determine what exactly the “new information” is. So long as the reason isn't discriminatory against a protected class you should be fine.
Second, although it is not necessary to communicate to the applicant why you have decided to withdraw the offer, it is a good practice to do so. That way, if they do go to an attorney, one of the first things that the attorney will ask is “why was the job offer rescinded?” If you give the applicant a valid reason, most attorneys will not take a fruitless claim.
The information you provide to the candidate should be factual, straightforward, and brief. You are not required to give them any information at all, so it is up to the employer to determine how much information to divulge. It is wise to discuss the explanation with Human Resource Solutions, or an attorney, before you send it to the candidate. This way you will be sure that you have considered all potential legal issues that could arise as a result of the withdrawal.
There are many reasons why an employer would want to rescind a job offer: maybe you can no longer afford to hire a new employee, or maybe the candidate expressed behavior after the offer that raised red flags for your organization, or the candidate could have lied on their application. Any of those reasons would easily justify rescinding the job offer. However, it is important that you make clear the reason is a non-discriminatory one, if you do not your company could face legal consequences.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
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