Legal Question in Business Law in California

Company rescinds job offer.

My friend, ''Ryan'', was recently given a job offer (in writing, signed both by him and the store manager) at a local retailer. A few hours later, the store manager called his house and said that they were rescinding the job offer since another manager decided to hire someone else instead. Since the offer was in writing, can they do this? I am the supervisor of the department he was applying for and was witness to the job offer.


Asked on 5/23/03, 9:59 pm

5 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Company rescinds job offer.

there are not enough facts given to truly evaluate your question. but in a nutshell, an offeror can revoke an offer prior to acceptance by the offeree (ryan in this case). however, if ryan showed some form of acceptance of this written offer prior to the offer being revoked, or if the written offer stipulated it would remain open for a certain amount of time before it could be revoked, ryan MAY have very strong rights here. if you want to email me more information on this matter, i can offer much greater legal assistance to you once i know more facts. thanks for your question.

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Answered on 5/24/03, 2:55 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Company rescinds job offer.

Sorry to hear about the job situation. If an "offer" is not accepted, there's no agreement. If "Ryan" did not do anything to his detriment (i.e. quit another job, relocate), then there is no harm. He should be thankful he's not working for the company which can't make up its mind, I suppose. -Robert F. Cohen, Esq.

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Answered on 5/23/03, 10:39 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Company rescinds job offer.

An offer can be revoked (a better term than 'rescind') prior to acceptance by any means that gives effective notice of the revocation. A telephone call received by the offeree is therefore sufficient to revoke a written offer.

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Answered on 5/23/03, 11:35 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Company rescinds job offer.

Thank you for your inquiry.

As you can see from the responses, the key to answering your question is to know whether or not "Ryan" accepted the offer, or otherwise relied on the offer and made that reliance known to the employer. I hate to give you a textbook answer, but that is the way the law treats this situation.

A good attorney will want to look at the signed offer carefully and see what the details are before giving you a firm answer. I'd be happy to look at the document for you.

I hope that this answer helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.

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Answered on 5/27/03, 8:31 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Company rescinds job offer.

An offer signed by both parties sounds a lot like a contract for employment. Why would your friend have to sign an "offer? "The terms of the "offer" should be carefully reviewed to see if it is an agreement to hire. If so, the employer has the power to terminate, but they must pay the legal consequences of that action. In your friends case, if there is a contract, he can sue for the damages he sustains. If, after looking at the "offer" it is just that, an offer, other comments are correct, there must be an acceptance.

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Answered on 5/24/03, 1:37 pm


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