Rescinding an offer of employment

mhall

We have made an offer of employment to an applicant. In checking his references, I find only poor performance, disability LOA because of stress and the list goes on.

I am in Las Vegas Nevada, an "at will" state, however, I would like to follow correct procedures to rescind the offer.

What steps do I take and what advise can you give me?

Thank you,
Midge Hall, Firm Administrator
Johnson Jacobson Wilcox

Parabeagle

[font size="1" color="#FF0000"]LAST EDITED ON 11-07-05 AT 05:31PM (CST)[/font][br][br]Lesson no. 1: Never extend an offer until you've checked references, at least. Beyond that, we make any offer contingent upon successful completion of a background check and drug screen, as well.

Now that you have extended an offer, you can probably rescind it since you are an at-will employer. Be prepared to tell the candidate a reason why you are retracting the offer - he is going to ask. Be honest and up front - tell him that you are rescinding the offer based upon reports of poor performance shared with you by one of his references. Leave the LOA issue alone.

edit: Also, check your local statutes and caselaw. You may face some exposure if the candidate relied on your offer to make arrangements and incurred costs for moving expense, etc.

pork1

Midge: Is this a law firm for whom you are the office administrator? I would not waste another moment in extending the potential employee, which has a questionable work history, the basic information that something is up with his reference checks, and insure he understands your concern and makes no further move toward relocation. You may choose to have him tell you what expense he has to this date in curred, then be prepared to re-imbuse the candidate for his trouble. It will be the best money ever spent for the company. Next step is to fix your procedures and if background checks are a factor of the job offer, then spell it out in your offer document.

PORK