Can a Company Rescind a Job Offer?
Left hanging after a job offer? Here’s what to do next.
Imagine the excitement of landing your dream job—giving notice at your current workplace, perhaps even relocating to a new city—only to face the shocking news that your job offer has been pulled at the last minute. So, can a company rescind a job offer even after you’ve done everything right?
Unfortunately, the answer is yes. Whether driven by sudden business changes, unexpected budget constraints, or internal company decisions, a job offer can be rescinded before you even start. All these factors, and more, can potentially lead employers to make this tough decision.
But don’t panic. While this setback can feel overwhelming, we're here to help you navigate the uncertainty and bounce back stronger. In this article, we guide you through why a company might rescind a job offer or ghost you, how to handle it, and how to minimize the risk of facing this situation in the future.
What Does It Mean When a Company Rescinds a Job offer?
When a company rescinds a job offer, it means they are officially revoking their decision to hire you, even after extending an offer of employment. Essentially, the opportunity that was initially promised no longer exists.
The impact of a rescinded offer can be significant, particularly if you've already made life changes—such as resigning from your current job or relocating. Once viewed as a done deal, the offer is taken back, leaving you to figure out your next steps.
When Can a Company Rescind a Job Offer?
A company can rescind a job offer at several points during the hiring process. While it’s disappointing, it’s often legally permissible. Here’s when it can happen:
- After the offer is extended, but before you accept. Even after you’ve received the offer letter, the company can withdraw the offer before you formally accept it. This might happen if internal circumstances change or they find a candidate they feel is a better fit.
- After you’ve accepted it, but before you start. This is a common time for offers to be rescinded. Even if you’ve already accepted the offer, companies can pull it back for reasons like failing pre-employment checks (such as a background check or drug test) or if the company faces financial or operational challenges.
- During onboarding. In rare cases, a company can rescind a job offer after onboarding begins but before you officially start the job. Last-minute budget cuts or organizational changes can be the cause.
Is it Common for Employers to Rescind a Job Offer or Ghost Applicants?
Unfortunately, it’s not uncommon to hear stories like “The recruiter ghosted me after making a verbal offer,” leaving job seekers in a frustrating limbo. What's even more upsetting is that ghosting can occur even after a job offer has been made. While not the norm for every job seeker, the frequency of ghosting and rescinded offers is on the rise as companies adapt to a fast-paced and unpredictable job market.
Reasons Why a Company Might Rescind a Job Offer or Ghost You
There are many reasons why a company can rescind a job offer or ghost you during the hiring process, including the following:
1. You Failed a Background or Drug Test
Many companies make job offers contingent on successfully completing background checks and drug screenings. So, a company can rescind a job offer if any red flags appear—such as a criminal record that conflicts with company policy or a failed drug test. This is also a common reason why companies hide offer letters after you accept—to give them time to make changes and minimize the risks of hiring the wrong candidate.
2. Budget Cuts or Restructuring
A company’s financial health can fluctuate, and when faced with sudden budget constraints or a need to restructure, it may freeze hiring or cancel new roles entirely. This is one of the more common reasons for rescinded offers, especially in unstable economic conditions. Even after extending an offer, the company may realize they can no longer afford to bring you on board, forcing them to pull back.
3. You Misrepresented Your Qualifications
A company can rescind a job offer if they discover you’ve exaggerated or lied about your qualifications, experience, or education. Companies expect complete honesty during the hiring process, and if they find discrepancies—whether through reference checks, interviews, or further vetting—they may question your integrity and withdraw the job offer.
4. Change in Internal Hiring Priorities
Company priorities can shift due to leadership changes or evolving business strategies. A role that seemed urgent when the offer was made might no longer align with the company’s direction. In this case, the company can rescind a job offer or ghost you because the position has been deprioritized, and they no longer need to fill it.
What is Not a Legal Reason to Rescind a Job Offer?
A company can rescind a job offer in many situations, but there are certain circumstances where it becomes illegal. These situations can give you legal grounds to challenge a rescinded offer. If you find yourself in this position, it's a good idea to consult an employment attorney to explore your options.
So, how can a company rescind a job offer without a legal reason? Here are some situations where rescinding a job offer crosses legal lines:
- Discrimination. It's illegal for a company to rescind a job offer for discriminatory reasons. This includes factors like race, gender, age, national origin, religion, disability, or pregnancy—anything that falls under the protection of equal employment laws.
- Retaliation. If you exercised your legal rights during the hiring process—such as filing a complaint of discrimination—the company cannot retaliate by rescinding the job offer. Retaliation against someone for asserting their rights is illegal under federal employment laws.
- Breach of contract. If a job offer is accompanied by a signed employment contract that guarantees specific terms of employment, the company cannot simply back out of that agreement without cause. This could be seen as a breach of contract, especially if the contract specifies a set duration of employment or other guarantees.
- Promissory estoppel. If you've made significant decisions—such as quitting another job or relocating and the company knew you were depending on that offer, they may be legally bound to honor it. If they rescind it without a valid reason, you could potentially have a case under promissory estoppel, which protects you from any losses after reasonably relying on a promise.
How to Know If You’re Being Ghosted by a Recruiter
If you suspect you're being ghosted by a recruiter or employer, here are some common signs to look for:
- No follow-up. One of the most concerning signs is when the recruiter or employer fails to follow up by the agreed date. This lack of communication can leave you in a state of uncertainty, potentially indicating that you're being ghosted.
- Unanswered calls or emails. If your attempts to reach out through emails, calls, or messages go unanswered, it's a strong sign of ghosting. Recruiters and employers still engaged in the hiring process will typically respond, even if it's to tell you they need more time.
- No formal offer after verbal acceptance. If you've been verbally offered a job but haven't received a formal, written offer within the promised timeframe, it could indicate a stalling tactic that leads to ghosting.
5 Tips on What to Do If Your Job Offer Is Rescinded
Here are five tips on what to do if an employer withdraws a job offer:
- Ask for an explanation. Contact the hiring manager to understand why the offer was rescinded. Getting feedback can help you make sense of the situation and know if it could affect future opportunities.
- Document everything. Ensure that the rescinded offer is confirmed in writing. Keep records of all communication, including emails, offer letters, and anything that outlines why the offer was pulled. This documentation can be helpful if legal issues arise or you need to explain the situation to future employers.
- Inquire about other opportunities. If the job offer was rescinded due to internal company changes, ask whether any other positions are available within the organization that might suit your qualifications.
- Explore legal options. If you’ve made major life decisions—like quitting a job or relocating—based on the offer, you may want to explore your legal options. Also, if you believe the decision was based on discrimination, you should consult with an employment attorney.
- Stay positive. While it’s disappointing, don’t let it stop your momentum. Use this as an opportunity to refocus your job search and continue applying for other roles.
5 Tips on What to Do If You’re Being Ghosted
Not sure how to handle being ghosted by a recruiter? Follow our tips below to help you manage the situation:
- Follow up. If you haven't heard back, send a polite follow-up email or message. A simple, professional note asking for an update can prompt a response.
- Check your spam. It may seem simple, but sometimes important emails end up in the spam folder. Double-check to make sure you haven't missed anything.
- Give them time. Sometimes recruiters and hiring managers are overwhelmed or busy. Give them some extra time before assuming you've been ghosted. A week is typically a reasonable period to wait after a missed deadline.
- Connect via multiple channels. If you've only been communicating via email, try using online business platforms or make a phone call. Some recruiters may respond better to other forms of communication.
- Keep your job search active. While waiting, continue applying to other roles. Don't put all your hopes on one job or company, especially if communication starts to slow.
What If You’ve Already Given Notice to Your Current Employer?
In this situation, the first step is to reach out to your current employer immediately. If you have a good relationship with them, they might allow you to retract your resignation,
especially if they haven’t hired your replacement yet. Many employers would rather keep a familiar employee than go through the trouble of finding someone new.
If staying on isn’t an option, consider negotiating an extended notice period. This buys you some extra time to job search while still earning a paycheck.
Finally, leverage your professional network. You’d be surprised how quickly new leads can come up when you tap into your connections—people are often eager to help, especially in a tight spot like this.
How To Minimize the Chances of a Rescinded Job Offer
By taking these steps, you can lower the risk of encountering a rescinded offer and have more confidence as you move forward into a new role:
- Read the entire offer. Carefully reviewing the offer ensures you’re aware of deadlines for submitting documents or signing forms that, if missed, might result in the company pulling back the offer. Many offers include at-will employment clauses, meaning the employer can terminate the agreement without reason. Understanding this early on can help you assess the security of the offer and take necessary precautions.
- Clarify any conditions. Ask upfront if any conditions are tied to the offer, like passing a background check, reference check, or drug test. Knowing exactly what’s required and ensuring there are no surprises helps you stay prepared and minimize risks.
- Keep communication open. After accepting the offer, check in regularly to confirm that everything is progressing smoothly. If there are delays or concerns, following up shows your commitment and allows you to address any issues before they escalate.
- Research the company’s stability. Do a little homework on the company’s financial health and reputation before accepting the offer. If you notice signs of layoffs, restructuring, or bad reviews, it might indicate potential risks, so weigh these factors carefully before proceeding.
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This article is not intended as a substitute for professional legal advice. Always seek the professional advice of an attorney regarding any legal questions you may have.