Rescind offer - Need quick answer

franfields · February 2005

We made a verbal offer. The candidate didn't quite understand it was an offer, says he has questions, and has not accepted. Since then, a day later, we are not sure we want this person. Too many red flags are popping up.

Any problem rescinding the offer?

szemcumo · February 2005

Was the offer made contingent on passing a drug test or review of back ground checks or was it a blanket offer with no contengencies?

franfields · February 2005

Blanket offer, although everyone does drug test. Actually, I am not sure he realized it was an offer. The owner of the company thought he made the offer and that the candidate was to call to say when he could start. Instead he called to say he had questions.

franfields · February 2005

I feel pretty comfortable that we can rescind but since we did not make an offer in writing should we rescind in writing. The owner wants to do that and I am not sure if that is wise.

MS HR · February 2005

go ahead and rescind in writing.
i assume you are an at-will employer as most states are.
it makes more sense than hiring him for 5 minutes and then terminating him.

i would also not tell him for the reason for the rescinding letter.

marc · February 2005

If I recall my business law classes correctly, an offer can be rescinded if it has not been accepted. Rescind in writing - it will cover your rear a bit better.

franfields · February 2005

Thanks all. I am putting it in writing and wording it to say that the offer that he did not accept is being rescinded.

Don D · February 2005

Not to worry. The offer, having not been accepted, can easily be retracted without consequence. It can be done any number of ways. But, you do not really need to go in search of the most defensible way since there is going to be nothing to defend. It would not be actionable in the first place.

Here's a novel way: John: After not having heard from you since you spoke with Mr. Humpty, we have decided to reopen our search and seek other candidates. Thank you for your interest in Stump Plumbing. Then, whatever his response, if any at all, can simply be met by repeating to him that the company is still looking at additional candidates. Nothing more need be said.

Rescind offer - Need quick answer

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