Open main menu
Blog Home
Find an Attorney Now!

Can an Employer Rescind a Job Offer? Your Legal Options (Expanded Definition)

Navigating the complexities of job offers can be challenging, especially when an employer rescinds an offer unexpectedly. Understanding your legal rights and options is crucial, and consulting an experienced attorney near you can provide valuable guidance in these situations.

Employment & Labor LawHiring & Job Offers
•
Table of Contents
Can an Employer Rescind a Job Offer? Your Legal Options (Expanded Definition)
Ready to Publish
Ready to Publish
Author
Link
Link
OG Image (1200x630)
Excerpt
Navigating the complexities of job offers can be challenging, especially when an employer rescinds an offer unexpectedly. Understanding your legal rights and options is crucial, and consulting an experienced attorney near you can provide valuable guidance in these situations.
Meta Description
Discover your legal options if an employer rescinds a job offer. Learn about common legal reasons for rescission, your rights, and how to take action. If you need assistance, find an experienced attorney near you to help with wrongful rescission claims.
Slug
employment-labor-law/hiring-job-offers-rights-employment/can-employer-rescind-job-offer-legal-options
Alt Image Text
Flat vector illustration of a job seeker holding a rescinded job offer letter outside an office building, symbolizing legal issues and wrongful offer revocations.
Related Posts
Understanding Job Offer Letters & Employment Contracts (Expanded Definition)
Can an Employer Rescind a Job Offer? Your Legal Options (Expanded Definition)
Global Tags
Employment & Labor Law
Parent item
Hiring & Job Offers – Your Rights Before You Even Start Working
Sub-item
Hide in Main Feed
Hide in Main Feed
Post Id
1478
Updated
Mar 29, 2025 04:27 PM
Featured
Featured
Hide CTA
Hide CTA
Hide Cover
Hide Cover
Receiving a job offer is exciting, but what happens if an employer suddenly takes it back? Can they legally rescind a job offer? And if they do, do you have any legal recourse?
The short answer: Yes, employers can rescind job offers, but there are limits. If an employer revokes an offer for an illegal reason, you may have grounds for a wrongful rescission claim or even compensation for damages.
This guide explains when an employer can and cannot rescind a job offer, your legal rights, and what to do if this happens to you.
 
💡 For every post in this series, scroll down to “Related Posts.”
Yes, but only for legal reasons.
No, if the rescission is discriminatory or violates an agreement.
  • Failed Background Check – If the candidate lied about their qualifications or has a criminal record relevant to the job.
  • Failed Drug Test – If the company has a legal drug policy and the candidate fails a pre-employment drug test.
  • Budget Cuts or Hiring Freezes – If the company loses funding or restructures after extending an offer.
  • Failed Reference Check – If previous employers provide negative feedback that impacts hiring decisions.
  • Candidate Refused to Sign an Agreement – If the candidate declines to sign a non-compete, NDA, or other required documents.
💡 Tip: Employers should clearly state in job offers that employment is contingent on passing background checks, drug screenings, and other conditions.

When Is It Illegal to Rescind a Job Offer?

An employer cannot rescind an offer for reasons that violate federal or state laws.

1. If It’s Based on Discrimination

Employers cannot revoke an offer based on:
  • Race, gender, or national origin (Civil Rights Act, Title VII)
  • Age (40+) (Age Discrimination in Employment Act - ADEA)
  • Pregnancy (Pregnancy Discrimination Act)
  • Disability or medical condition (Americans with Disabilities Act - ADA)
  • Religion (Title VII)
Example: A company offers a job to a pregnant candidate but later rescinds it after learning about the pregnancy. This could be illegal discrimination.
💡 Tip: If you suspect discrimination, consult an employment lawyer near you.

2. If the Offer Was Based on a Legally Binding Contract

If you signed an employment contract, the employer must follow its terms.
Some contracts require employers to provide notice before rescinding an offer.
Example: You sign a written employment contract guaranteeing a $90,000 salary for one year. If the employer rescinds the offer without cause, you may be entitled to damages or compensation.
💡 Tip: If you signed a contract, an attorney can help you enforce the agreement or seek damages.

3. If You Relied on the Job Offer & Suffered Financial Losses

Some states allow claims under promissory estoppel—meaning you can sue if:
  • You relied on the job offer (e.g., quit a previous job, relocated).
  • The rescission caused you financial harm.
  • It would be unfair to allow the employer to back out.
Example: You accept a job in another state, break your apartment lease, and move. If the employer suddenly rescinds the offer, you may have grounds for a legal claim for lost wages or moving costs.
💡 Tip: Document all expenses and losses caused by the rescinded offer.

What Should You Do If Your Job Offer Is Rescinded?

💡 If your job offer was unfairly revoked, take these steps:

Step 1: Ask for a Written Explanation

Request a formal letter explaining why the offer was rescinded.
Look for inconsistencies or illegal reasons.

Step 2: Review Your Offer Letter & Contracts

Check for contingencies (e.g., background checks, drug testing).
If an employment contract exists, the employer must follow it.

Step 3: Document Any Financial Losses

Keep records of:
  • Moving expenses (if you relocated).
  • Resignation notice from a previous job.
  • Any written communication about the offer.

Step 4: File a Complaint (If Necessary)

If you suspect discrimination, file a complaint with:
  • Your state’s labor board

Step 5: Consult an Employment Lawyer

A wrongful rescission attorney can help you:
  • Recover damages for financial losses.
  • File a lawsuit if the offer was revoked illegally.
  • Negotiate a settlement with the employer.
💡 Tip: Many legal claims have filing deadlines, so act fast!

Can You Sue If a Job Offer Is Rescinded?

Yes, if the rescission violated employment laws.
You May Have a Case If:
  • The offer was rescinded due to discrimination.
  • You signed a contract, and the employer broke the agreement.
  • You suffered financial harm because you relied on the job offer.
An employment lawyer near you can evaluate your case and help you take action.

Final Thoughts: Know Your Rights & Protect Yourself

Yes, employers can rescind job offers, but they must follow the law. If you believe your offer was revoked unfairly, you may have legal options to seek compensation.
At ReferU.AI, we connect job seekers with top-rated employment lawyers near you. Our AI-powered system finds lawyers who specialize in wrongful rescission cases—so you get expert legal help fast.
Had a job offer rescinded unfairly? Get legal advice today!

Don't face life's most complex challenges alone.

Find an Attorney Now!

Start My Search

Written by

Link

Related posts

Understanding Job Offer Letters & Employment Contracts (Expanded Definition)
Employment & Labor LawHiring & Job Offers
•

Understanding Job Offer Letters & Employment Contracts (Expanded Definition)

Navigating job offer letters and employment contracts is essential for securing your rights as an employee. Understanding the key differences between these documents can help you make informed decisions and protect your interests. Consult an attorney near you to ensure that you fully comprehend the terms before signing any agreements.

Pre-Employment Background Checks: What’s Legal & What’s Not (Expanded Definition)
Employment & Labor LawHiring & Job Offers
•

Pre-Employment Background Checks: What’s Legal & What’s Not (Expanded Definition)

Pre-employment background checks are a common practice for employers to verify candidates' history, but understanding the legal boundaries is crucial for job seekers. This blog post outlines what information can be legally accessed, your rights during the process, and how an attorney near you can assist if you feel your rights have been violated.

Salary Negotiation Tactics: How to Get Paid What You’re Worth (How-To)
Employment & Labor LawHiring & Job Offers
•

Salary Negotiation Tactics: How to Get Paid What You’re Worth (How-To)

In today's competitive job market, mastering salary negotiation tactics is crucial to ensure you get paid what you’re worth. This guide offers essential strategies and tips, along with insights on when to consult an attorney near you for assistance in navigating complex compensation discussions.

Illegal Job Interview Questions & How to Handle Them (Listicle)
Employment & Labor LawHiring & Job Offers
•

Illegal Job Interview Questions & How to Handle Them (Listicle)

Navigating job interviews can be challenging, especially when faced with illegal questions that violate discrimination laws. This guide outlines common illegal job interview questions, explains why they're unlawful, and offers strategies for responding, ensuring you know your rights and when to consult an attorney near you.

Can You Be Denied a Job Due to Social Media Posts? (Expanded Definition)
Employment & Labor LawHiring & Job Offers
•

Can You Be Denied a Job Due to Social Media Posts? (Expanded Definition)

In today's digital landscape, your social media presence can significantly influence your job prospects. Understanding the legal implications of how employers use social media is crucial for job seekers. If you feel you've been unfairly denied a job due to your online activity, consulting an employment attorney near you can provide valuable guidance.

Drug Testing Laws: What Employers Can & Can’t Do (Expanded Definition)
Employment & Labor LawHiring & Job Offers
•

Drug Testing Laws: What Employers Can & Can’t Do (Expanded Definition)

Navigating drug testing laws can be complex for both employers and employees. Understanding what employers can and can’t do regarding drug tests is crucial for protecting your rights in the workplace. If you have concerns about drug testing practices, consulting an attorney near you can provide valuable guidance.

Non-Compete Agreements for New Hires: What You Need to Know (Expanded Definition)
Employment & Labor LawHiring & Job Offers
•

Non-Compete Agreements for New Hires: What You Need to Know (Expanded Definition)

Navigating non-compete agreements can be challenging for new hires, as these contracts may restrict your ability to work for competitors after leaving a job. Understanding their enforceability and knowing your rights is crucial, so consulting an attorney near you can help clarify your options and protect your career.

What Should Be in Your Employment Contract Before You Sign? (Listicle)
Employment & Labor LawHiring & Job Offers
•

What Should Be in Your Employment Contract Before You Sign? (Listicle)

Before signing an employment contract, it’s crucial to understand the terms that will shape your career. This guide outlines the essential components every contract should include to protect your rights and interests, ensuring you’re well-informed and prepared to negotiate. If you have concerns, consider consulting an attorney near you for expert advice.

Chat Logo