Withdraw an Employment Offer

Key Points

  • There are times when an employer must withdraw an employment offer before the candidate's start date, even though the employer thought it found the best candidate for the position. The reasons for the withdrawal could be due to the prospective hire's failed drug test, that the results of the background check reveals that the prospective hire is a threat or that he or she provided false information on his or her job application.
  • If the employer withdraws an employment offer based on the results of the candidate's medical exam, the employer must ensure that it complies with the Americans with Disabilities Act (ADA) and any applicable state requirements.
  • If an employer withdraws an employment offer, the withdrawal should be in writing to the candidate. If an employment contracts exists, the employer should withdraw the offer in accordance with the terms of the contract.

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