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THIS WEEK’S E-TIP
Rescinding Job Offer Based on New Information Q&A |
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Can you rescind a job offer if you find out new information about a
candidate? Learn what steps you can take to limit liability in this
situation.
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Q: We recently offered a job to a candidate
who is supposed to start next week. However, yesterday one of my board
members indicated that the candidate was a “troublemaker” and was adamant
that she should not be hired based on a recent confrontation the board
member had with her. Can we rescind the job offer based on this new
information, and if we do, should we tell her why?
(Download free
Hiring model policy including HR best practices and legal background.)
A: As a general rule, employers have the discretion to withdraw a job
offer. However, when you do so, you can raise questions regarding whether
you are doing so for nondiscriminatory reasons. So, you should make sure
that you can document your nondiscriminatory reasons for doing so. In
particular, you should be comfortable that your board member’s objections
are nondiscriminatory and reflect negatively on the candidate’s ability
to perform the job.
A first step may be to determine what exactly your board member means
when he says the person is a “troublemaker.” If, for example, his
assessment is based on the applicant’s participation in protected
activities (such as the applicant is a member of a minorities’ rights
group and this bothers the board member), you may want to rethink the job
withdrawal because of the potential discriminatory implications, assuming
the applicant is otherwise qualified.
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But, if the applicant and the board member
had a confrontation that calls into question the applicant’s ability to
perform the job duties effectively, that incident may be a better reason
to withdraw the offer. For example, if the candidate lost her temper and
was abusive or offensive when talking to the board member at a
professional meeting, these actions could be considered appropriate
reasons for withdrawing the job offer.
Another problem if you withdraw the offer is what to communicate to the
applicant. You generally are not required to explain your decision to
applicants who are not hired, but since an offer was already made, the
applicant will assume that your organization has a particular reason for
the withdrawal. One approach is simply to explain to the candidate that
new information has come up that changed your view of the candidate’s
qualifications for the job. However, this explanation also may seem vague
and unsatisfactory to the candidate and cause her to assume that your
decision is somehow based on improper reasons.
Alternatively, you may want to provide a more detailed explanation of the
final decision to the candidate to help her understand your rationale. If
you take this approach, you should consider the following two tips for
providing a succinct account of the withdrawal: |
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(1) To protect
against claims of discrimination, any explanation should be factual,
straightforward, and brief. You should not go into elaborate detail to
justify the decision but should explain the legitimate, business-related
reasons for the rejection. While the candidate may not like the decision,
she at least may have a better understanding of it. Under these
circumstances, the candidate will be less likely to perceive the action
as discriminatory or illegal.
(2) The candidate is not entitled to any more information than you choose
to divulge. Therefore, if the candidate pushes for more reasons or makes
threats of legal action, you should end the conversation and thank the
candidate for her time.
(Download free
Hiring model policy including HR best practices and legal background.)
As a final step, it is prudent to discuss this issue with your attorney
prior to communicating the final decision to the applicant to ensure you
have considered all potential legal issues that could arise as a result
of the withdrawal. |
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Content for your HR Matters
E-Tips newsletter is developed from our
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Personnel Policy Manual System (PPMS).
Subscribers to the PPMS and HR Policy Answers on CD can find more
information about rejecting job candidates in Hiring, Chapter 202, note
13.
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obligation 30-day review, go to:
www.ppspublishers.com/ppm-ez.htm
Or just give us a call at 1-800-437-3735. |
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Information provided in HR Matters E-Tips is researched and reviewed
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