Can a potential employer change the requirements on their offer letter?

On the application that I submitted, the only requirement were to meet their typing words per minute and to be able to perform the listed duties. I’ve been offered the job and it’s contingent upon passing a background check, fingerprint and a DMV pull notice form. I have no concerns about the background check as I don’t have a criminal record however my driver’s license is on hold due to 2 minor traffic citations that I could not pay in full. I do not even plan on commuting to work outside public transportation I’m concerned that the potential employer will look negatively upon my license status and rescind their offer.

Asked on September 18, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, employers may require background checks, fingerprints, and DMV notices, and they may legally do so even if the application form did not specifically state that those were requirements. Employers are not required to offer a job to any particular person, or even to hire at all; they are free to set the requirements for employment, so long as there is no actual emploment contract which limits their discretion in this regard. (Without a contract, an employee is an "employee at will"; since an employer may fire an employee at will at any time, for any reason, it could also decline to start employing him or her in the first place.)

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