Rescind employment

We are CA based corporation, hired an employee to work in TX for a client through an implementation partner. The company send him the forms to complete W4, I9 etc., however he did not send back the completed forms even after being on the project for a week. There is no way for us to proceed with the employment under the current circumstances. Can we rescind the offer after him having been on the project for a week?

Asked on March 4, 2019 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Absent an employment contract or union agreement to the contrary, work is "at will". Accordingly, an offer of employment or employment itself can be rescinded/terminated at any time for any or no reason at all, with or without notice.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you don't have an actual written employment contract for a definite or fixed term (e.g. a one-year contract) which guarantees him employment for that time, you can rescind his employment or terminate him at any time, for any reason. Without a written employment contract, all employment in this nation is employment at will.


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