Withdrawing a job offer

The Cube · December 2002

One of our managers made a premature job offer to a candidate that we (for reasons to numerous to mention) are no longer interested in.

The offer was made in writing but it was pretty vague and not written in contractual terms. Do any of you have any insight or experience in withdrawing an offer?

Thanks!

Don D · December 2002

>One of our managers made a premature job offer to a candidate that we
>(for reasons to numerous to mention) are no longer interested in.
>
>The offer was made in writing but it was pretty vague and not written
>in contractual terms. Do any of you have any insight or experience in
>withdrawing an offer?
>
>Thanks!

Here are couple of thoughts I have:
(1) A job offer in writing is a form of a contract, an agreement to hire.
(2) There are legitimate, defensible reasons for retracting a job offer.
(3) A candidate who has been extended a job offer that is later retracted can successfully sue especially when they quit a job in anticipation of the one offered, depending of course on the circumstances of the retraction.
(4) A 'manager' should not be extending job offers, written or otherwise. This is in the domain of the HR department, or should be.
(5) A written job offer should always contain disclaimers such as: upon successfully passing background checks and post offer drug screen/physical, etc.
(6) A job offer that is never returned to the company accepted by signature should have a limited shelf-life and the offer should state the date or time frame upon which the offer self destructs.
(7) You should always be able to document legitimate, non-discriminatory reasons for having withdrawn a job offer.
(8) There are certain instances (credit check for one) where you are required to provide the report upon which the retraction was based.
(9) Prayer that he has other offers is always recommended.

Lori B · December 2002

don makes good points. Another to add: offer letters should clarify that you are an at-will employer. This does provide some defense that even if the offer was accepted, you can terminate at-will employment immediately. Granted, if this person did give notice at another position, or heaven forbid, relocate to your area, you probably will see a lawsuit anyway.

Another point: watch out for emails. I'm currently litigating a situation where no "formal" offer letter was ever sent, but a whole lot of emails were, complete with salary, benefits, etc. Yes, I could kill the manager, but that is another story. All managers need to keep this in mind - emails can come back to haunt you just like a "formal" offer letter can...

John Vering MO · December 2002

I suggest you get legal advice. As a general rule, if the offer has not been accepted, it can be withdrawn. Also, if there is no meeting of the minds on the essential terms or you have not specified a duration of employment, you might not have a contract. As a general rule, it is usually wise to withdraw an offer as soon as possible to minimize legal liability if you don't want to be bound but without more details, I can not give you an opinion because it is possible to create a contract through an offer letter.
John Vering
MO. Co-editor

Mike Maslanka · December 2002

Whatever you do,don't be a coward.(It's easy as I know all too well.)You and the manager either call the guy or have him come in and explain the issue honestly,offer to reimburse any out of pocket expenses incured due to the retraction,and the like.Did he quit another job or is he about to do so? Time is of the essence.Act now and good luck.Regards from texas,mike maslanka

JKlink · December 2002

What happened to the manager who made the offer?

Withdrawing a job offer

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