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Rescinding a Job Offer --Please Help!!!

HRBabyHRBaby 17 Posts
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We made a verbal and written offer to a candidate that was supplied to us from a staffing agency. However, we want to rescind the offer due to her recent difficult behavior she displayed while in our office last Friday to complete her new hire paperwork. She showed up 30 min late and offered no explanation. In addition, she was missing one of the documents (she knew in advance) and as a result her start date was pushed back. After she found out this out she became hostile and difficult to work with. I’m sure it’s risky to rescind a job offer to someone that has already given notice to their previous employer, but is it legal. Has anyone experienced this and how would you go about handling this with minimal liability?
Thank you in advance! 
 
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  • SFbaySFbay 156 Posts
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    Without knowing all the details of your situation I cannot assess the true risks.You should talk with your attorney and weigh the risks. In court a lot will depend on the content of the offer letter and what was communicated to the candidate. Language in offer letters and statements made to employees can undermine your at-will standing if that applies where you have employees. It's a good idea to include an at-will disclaimer in offer letters.  A court will also look at how you handled other situations where a candidate acted similarly during the hiring process.  Are you being consistent or are you treating this candidate differently?
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  • TXHRGuyTXHRGuy 1,586 Posts
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    Rescinding an offer is generally far more dangerous than making or failing to make an offer.

     

    I agree wholly with SFbay if you really want to pursue rescinding the offer.  An alternative route would be to counsel this person when they next appear, and give them a step 1 written document about their tardiness and attitude.  Presumably, the new hire has violated your code of conduct policy and maybe even your attendance policy depending on how you want to handle the 30 minutes late issue.

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