Job Offer Rescinded After Resignation: Can They Do That and What Are My Options?

On Thursday, January 26th, 2023, I received an offer letter with a start date for a new company. On Friday, January 27th, I put in my two-week notice at my current employment. Today, January 29th, I received an email from the company that hired me, saying they have decided to move on to another candidate. Can they do that? Why would they? Am I allowed to find out why? So now I don't have a job. My current employer has let me go since I put in my notice.

Hi, It is really an unexpected and unpleasant situation. Once an offer letter is issued, the employer is supposed to honor it, and changing their stance within 3 days from the date of issue of the offer is not ethical. They have just played with the career of a candidate.

I hope you had emailed the offer acceptance. If so, forward the same email and write to them that based on their offer, you had submitted your resignation and are waiting to be relieved. Explain that you have loan EMI commitments and request them to accommodate you at any cost. If there is no positive response, you need to start looking for another job.

You may consider seeking legal remedy, but it could be a time-consuming process, depending on the terms and conditions mentioned in the offer letter.

Just keep moving forward; this is not the end of your career!

Wishing you all the best!

Dear member,

The organization that selected you has shown a height of insensitivity. However, there is a silver lining to a black cloud. By ditching your candidacy, they have demonstrated that they are a valueless organization. Good riddance!

At this stage, the first task for you is to withdraw the letter of resignation. Do not disclose the reason for the withdrawal. Nevertheless, considering your weak position, your current organization may bargain with you for a lock-in period of 1-2 years. You will have to accept it per force.

In case your current organization declines your request for the withdrawal of the resignation, then you will have trouble at hand, but even then, submit an application to the MD of your company. Possibly, the MD may give a favorable decision.

Thanks,

Dinesh Divekar

Since the querist indicates the issue pertains to the US, the applicable laws in this regard must be considered. They are significantly different from Indian laws with which we are familiar. US laws are more stringent and award compensation for breach of promise and the mental harassment caused thereby. This appears to be a good case to seek compensation, and surely there is a matter to be agitated in courts.

Employment Offer Withdrawal and Probationary Periods

It is very bad HR practice to withdraw an offer or any commitment. However, as a candidate, you cannot leave legally. Suppose you join the organization and in a few days or weeks, they find another candidate and ask you to leave 'without quoting any reason,' you will have to go. This is because no notice is required to terminate a contract of employment when the employee is on probation. Obviously, you will be on probation for at least six months, and the terms of the offer shall contain a clause that "during probation, your services shall be terminated without notice and without 'assigning any reason' therefor." This is enough for an employer to terminate an employee.

Withdrawing a Resignation

Normally, a resignation submitted shall also be withdrawn before a replacement is made by the organization. Therefore, you can withdraw the resignation placed before the present employer and continue working there.