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Can Companies Rescind A Job Offer?
Alfonso Espitia asks: "Just had a question for the general audience out there. I recently got recruited by a company, went to their job fair and the whole nine yards. After the fair I was sent a job offer, I then accepted filled out all the paper work and sent it back. I was given a start date and everything. About a week and a half or two I got a message on my answering machine saying 'About the offer that was extended to you...it is now rescinded.' Can they do this? All the paper work was filled out. I think I was more in shock that they would leave a message like this a few days before Christmas. Instead of just saying "It's urgent that we get in contact with you, can you call back?" Has anyone else had an experience like this? It's a -really- big company, so I didn't mention their name. Also, what can I do about this? Anything? I haven't tried to contact them yet, my recruiter is on vacation 'til the 2nd." I always thought an offer letter was a clear intent to hire, and that companies can't do this without penalties. Has this happened to anyone else? Is there anything Alfonso can do in this situation?
Companies can do whatever the hell they want, and it's usually the HR department that decides what you'll make, not the recruiters, as nice as they may seem.
- A.P.
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* CmdrTaco is an idiot.
"Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
I had that happen to me. I moved my family halfway across the country at my own expense and when I went to work at the job I thought I had, I found out that they were still reviewing applicants. I took odd jobs and applied to every programming job I could find for a month until the money ran out. We sold 90% of our stuff, hooked a U-Haul trailer to the Hyundai Excel, and then moved in with in-laws halfway across the country (in the opposite direction this time). I got a contract job 3 days after hitting town (and thankfully, I'm still working there 5.5 yrs later). I had been at this job for about a week or two when my wife got a call at home. It was the first company. They had been trying to get a hold of me because I got the job. Gee, that's nice, but it was a few weeks LATE! As my wife likes to say, it was a nice adventure.
I knew a few guys in college that had accepted job offers from companies only to find out a few weeks before graduation that the position had been eliminated. By that time, if you had multiple offers, you would have already turned them down, so it's back to square one in the job search.
the good ground has been paved over by suicidal maniacs
I watched that movie again just a few hours ago. A friend of hours and I had commented that you would also have to blow up the off-site backup location too. In my city, there are only a few off-site backup companies, so you could probably knock out the recovery plans for several corporations in one shot.
So do you raid the dumpsters behind plastic surgeons' offices too? =)
the good ground has been paved over by suicidal maniacs
Personally I think it is in poor taste on the employers part, and if they pull something like this NOW then they are NOT the company you want to work for.
There could also be the possiblility that they found out something about you. Although they should do all their checking before they extend the offer letter, did you have to take a drug test? Was there any reason that they may do this?
I'd also look into to see how the company is doing. Is it a start up? Is it public, then how is their stock? If so that is the problem right there. If you are new out of college stay away from start up's. They are hokey, and unless you know how a work place should run, they can really screw you over, and you wont know it.
If you cannot think of ANY reason that they might recind an offer, and there is NOT a clause that gives them the right to do this, then talk to a laywer and do release their name here, so that we all can stay away from this company.
I don't want a lot, I just want it all!
Flame away, I have a hose!
Only 'flamers' flame!
In Australia generally companies give two weeks notice if they want to fire you, and you must do the same. Them, being the holder of the purse string, can also fire you immediately, paying you for that two weeks "in lieu of giving notice" which isn't so bad, giving you time to start looking for work without dealing with a company you know doesn't want you around.
Open Source. Closed Minds. We are Slashdot.
They couldn't rescind "the offer"--there was no offer outstanding. You accepted and filled out the paperwork. The company even acknowledged this fact by giving you a start date. You were their employee already. So, the "offer period" was over.
However, read over any copies you got and see what you agreed to. Can they "fire at will"? If so then you will still have no job. OTOH, maybe they have to give 6 weeks notice for which you theoretically could be paid. It all depends on the contract you signed. However since there WAS a signed and acknowledged contract, they could NOT rescind the offer.
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MailOne
Non-meta-modded "Overrated" mods are killing Slashdot
(Hey Ryan! Here's your proof!)
As part of your agreement, you and the company both agreed that the employment was at-will and either party could terminate it at any time for any reason, or no reason at all.
So this company decided to act in accordance with the agreement you struck. Where's the question?
Can they do this? Certainly. After all, you agreed to let them do it.
Is it ethical to do this? Certainly. After all, if it wasn't ethical, you shouldn't have agreed to let them do it.
Where's the question here?
It sounds likely, though, that you had accepted a valid offer, forming a contract for employment with the company, and, for this reason, there was no longer any offer for the company to rescind (revoke), despite what the person who left you the message may have thought. If you really want to answer the question of whether a contract was formed, you need to carefully examine all the documents you signed to see whether there was still some decision that needed to be made by the company before you were actually hired. If there was, and no contract was formed, you're doomed.
If a contract was formed then, as yucky as it sounds, what happened legally is that you got terminated. As the other replies have indicated, the default rule in most states (assuming you're in the USA) is employment at will, which means you probably have no recourse unless your employment contract indicates otherwise -- such as providing for a 6 month term of employment or something like that. Of course, the state/country/jurisdiction you're in may provide additional protection for you, if it wasn't properly countered in the contract.
Ultimately, of course, if you really want to examine your alternatives this is question for your lawyer. Or - try a smaller company - I've always had better luck with them.
who's moderating the meta-moderators?
Job seekers back out of "agreements" all the time. Seems to me that its just fair for companies to be able to do the same thing.
What's a sig?
"At will" employment means they can let you go whenever they want with no advance notice or reason anyway...on the other hand you can quit with no notice also. In other countries you have to give 30-90 days notice if you want to quit or fire someone.
But this is the good old USA, so even though IANAL I don't think you have any recourse.