How should a job offer be withdrawn?

Author: Melanie J. Perez-Vellios, VP Group LLC

A job offer should be withdrawn in writing. Even where an employer elects to verbally notify the prospective employee of the withdrawal, the employer should follow up the conversation with a written notification. Where the employer and prospective employee have entered into an employment contract, the employer should ensure that withdrawal of the job offer complies with any applicable contract provisions. Additionally, an employer should maintain thorough documentation of the hiring process as well as the reason(s) supporting the withdrawal of the offer so that the employer can later show, if necessary, that the withdrawal was not based upon any unlawful or discriminatory reasons.