What to Do If Your Offer Is Rescinded
Your rights and options if an employer withdraws a job offer before you start—and how to protect yourself.
Sometimes an employer withdraws a job offer after you've accepted—because of budget cuts, a hiring freeze, or a change of plan. If that happens, you may have given notice to your current employer, turned down other offers, or relocated—and now you're left with nothing. Here's what to know about your rights and options if your offer is rescinded.
Is it legal?
In many places employment is "at will"—meaning the employer can withdraw an offer before you start, just as you can decline. But there are exceptions: (1) Promissory estoppel. If you relied on the offer (e.g. quit your job, moved) and the employer knew or should have known you would, you may have a claim for damages. (2) Contract. If the offer was a binding contract (e.g. you accepted and they confirmed), withdrawing might be breach of contract. (3) Discrimination. If the offer was withdrawn for a discriminatory reason (e.g. pregnancy, race), you may have a claim. The law varies by jurisdiction—get advice if you've suffered significant loss.
What to do
- Get it in writing. If they rescind verbally, ask for written confirmation (email is fine). That helps if you need to prove what happened or pursue a claim.
- Ask for compensation. Even if you don't have a legal claim, you can ask for compensation—e.g. a few weeks' pay, reimbursement for relocation costs, or help finding another role. Some employers will offer something to avoid bad blood or a dispute.
- Document your reliance. Keep records of what you did in reliance on the offer—e.g. resignation letter, proof you turned down other offers, relocation receipts. That strengthens a promissory estoppel or breach of contract claim if you have one.
- Get advice. If you've given notice, relocated, or turned down other offers, and the employer won't compensate you, get advice from a lawyer or employment specialist. You may have a claim for damages. BeforeYouSign can't prevent a rescinded offer—but understanding your contract (what you signed, when you were supposed to start) helps you know your options if it happens.