Is it legal for an employer to rescind a job offer for reasons not defined in the conditional job offer?

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Is it legal for an employer to rescind a job offer for reasons not defined in the conditional job offer?

I recently received a conditional job offer from a casino that was contingent on passing a drug test, background check and obtaining a gaming license. I completed the drug and background check but was delayed (due to a broken fingerprint machine) on completing the gaming license. While waiting for the gaming commission to complete my file, I was told by the casino’s HR department that my offer had been rescind because they could not wait any longer. A timeframe was not established in the conditional offer that I signed. Is this legal?

Asked on October 17, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is completely legal unless you actually had not just a job offer, but an employment contract, AND you were still (even with the delay) in full compliance with the terms of the contract. When there is no contract, you are an employee at will, so an employer may freely decide whether to hire you, whether to fire you, whether to rescind a job offer, etc.


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