Job Offer Rescinded? When an Employer Can Withdraw an Offer

Can an Employer Withdraw a Job Offer?

In most states employment is at will, which means an employer can generally change its mind before you start. Our guide to at-will employment explains the baseline. The key point is that at-will does not allow a reason that the law forbids. Federal law protects job applicants, not only current employees, from discrimination in hiring.

Reasons That Can Make Withdrawal Unlawful

• Discrimination

  An offer pulled because of race, color, religion, sex, national origin, age 40 or older, disability or pregnancy can violate federal law. See our overview of <a href="/blogs/race-discrimination-workplace-federal-state-protections" class="text-primary underline">race discrimination protections</a>.

• A disability or medical condition

  After a conditional offer, an employer may require a medical exam only if it does so for all entering employees in that job. Under 42 U.S.C. 12112(d), the results must be kept confidential, and an offer cannot be withdrawn over a condition unless the person cannot do the job with a reasonable accommodation. Read more in our guide to <a href="/blogs/disability-discrimination-your-rights-under-the-ada" class="text-primary underline">disability discrimination</a>.

• Pregnancy or a leave request

  Withdrawing an offer after you mention a pregnancy or a need for accommodation can be discrimination. Our guide to <a href="/blogs/pregnancy-discrimination-at-work-laws-that-protect-you" class="text-primary underline">pregnancy discrimination</a> covers the rules.

• Retaliation

  An offer pulled because you filed a wage or discrimination complaint against a past employer, or because of a protected act at that job, can also be unlawful.

Background Checks and Your Right to Respond

If the employer relies on a background report from a screening company, the Fair Credit Reporting Act applies. Under 15 U.S.C. 1681b(b)(3), before taking an adverse action based on the report, the employer must give you a copy of it and a summary of your rights, so you have a chance to correct errors. The Federal Trade Commission guidance for employers describes these steps. If you never received a copy before the offer was withdrawn, that gap is worth documenting.

Criminal history raises a separate issue. The EEOC enforcement guidance on arrest and conviction records says a blanket exclusion can create a discrimination problem when it falls harder on some groups, and that an arrest alone does not prove conduct. Many states and cities add their own limits on when and how employers may ask.

Promises, Reliance and Lost Income

Some workers lose far more than a job opportunity. They resign, move or turn down other offers because they were told a position was firm. A few states recognize a claim based on that reliance, often called promissory estoppel, and a written offer with a start date and pay can matter. These claims are state specific and fact specific, so the details of what was promised and what you gave up are important.

What to Save

• The offer itself

  Keep the offer letter, emails and texts that state the title, pay, start date and any conditions.

• The withdrawal

  Save the message that pulled the offer and any stated reason, even a short one. Write down the date and who told you.

• What you gave up

  Keep your resignation notice, lost benefits, moving costs and any offers you turned down.

• Screening paperwork

  Save any background check notice, medical form or drug test request, and note when you received each.

• Earlier remarks

  Note comments in interviews about age, family plans, health or other personal topics.

Next Steps and Deadlines

A discrimination claim against an employer usually starts with a charge at the EEOC, and the filing window is short. Our guide to discrimination claim deadlines explains the time limits. If you think the reason was unlawful, acting soon protects your options, and filing a charge is described in our walkthrough of the EEOC complaint process.

Frequently Asked Questions