In your rush to part ways with your employer and move on to a new opportunity, you neglected to make sure the deal with the new employer was iron-clad before putting in your two weeks’ notice. Now, instead of moving on to greener pastures, the new employer rescinds the offer and leaves you without a job. Now what?
While this may sound unlikely, it is quite common. In fact, there are numerous reasons an employer may choose to rescind an offer. While this leaves you in an uncomfortable bind, it may not be considered illegal. In most states, including New Jersey, most employment is considered “at-will” which means an employer or an employee may choose to terminate employment at any time without a reason or any explanation.
While most rules have an exception, the caveat to this one is that an individual cannot be fired for reasons of discrimination or retaliation, according to federal laws. Additionally, those who work under a signed contract, in the public sector, or as part of a collective bargaining agreement are also exempt from this at-will status.
What Are Valid Reasons for Rescinding a Job Offer?
In general terms, the reason an individual likely has a job offer rescinded is because they failed to meet certain contingencies of employment. For example:
- They failed a background check. In short, a background check is used to verify that an individual is who they say they are. Perspective employers have access to credit reports, an individual’s driving record, and any criminal records as well as education and employment history. However, medical records, including family medical history and any questions pertaining to whether one is pregnant or intends to become pregnant, are strictly off-limits, as the information could lead to potentially discriminatory or biased outcomes. In other words, an employer could decide not to hire someone based on the fact that they are pregnant and likely will request maternity leave shortly after being hired.
- They received less-than-favorable remarks from references. While attempting to verify job-related skills, a reference de-railed by providing low scores for an individual’s job performance. While questions about the scope of work and an individual’s responsibilities are fair game, inquiries about their personal lives, including financial or living situations, are not.
- They failed a drug test. In all instances, an employer may choose to immediately terminate employment for failing a drug test. If an individual fails a drug test prior to employment, it is grounds for rescinding an offer, particularly if that job involves driving or operating heavy equipment.
- They lied on their application. Someone who is found to be not who they say they are or as qualified as they led others to believe undoubtedly will not have a future with a prospective company. It comes down to trust, and if they cannot trust you to be honest in the hiring process, the dishonesty trail could become a nightmare. Those who lie on a job application may also face legal implications if it is severe enough.
- The company endured budget cuts. Sometimes, the sad truth about large corporations is that the left-hand does not know what the right hand is doing. In some cases, that impacts budgets, and it is not known until the last minute that decisions have been made that affect the financial viability of a company. So, it is not completely unheard of that a company rescinds an offer because they simply cannot afford to hire anyone.
- The company does not have the work they anticipated. If a contract does not come through as anticipated or a global pandemic slows work to a crawl, the work simply may not be there to justify hiring another person. As a result, the offer on the table may be redacted to ensure job security for the rest of the team.
What Should You Do Before You Quit Your Job?
To avoid the awkward position of being in limbo between jobs, find out what the contingencies are for employment as well as an anticipated timeframe on how long it may take to clear these contingencies. While you may feel pressured to accept a job on the spot, refrain from doing so and explain that you would like time to process the offer and consider all options. If you quit and then the offer is rescinded, seek employment either with your former employer or with a new prospective employer. This helps to show that you are attempting to mitigate your own damages in the event that you do decide to file a lawsuit.
Contact a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC for Guidance with Your Work-Related Case
Whether you are at fault or not, being unemployed could quickly turn into other potential problems, such as having to file for bankruptcy. Do not let the situation spiral out of control. Get legal help today from a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC. Call 856-235-7075 or fill out the online contact form for a free consultation. With offices in Mount Laurel and Atlantic City, New Jersey, we serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.