Can a employer after making a formal written offer resind the offer.

Question

Can a employer after making a formal written offer resind the offer.

Answer

The general rule is that any written offer can be rescinded before it is accepted, regardless of whether the person making the offer is an employer. There may be exceptions based on special circumstances, but they are exceptions and not the rule.

Answer

Unless the offer was for a specified term, and accepted, the employer is free to fire the person as an at-will employee, so whether it is treated as a firing or rescinding the offer is basically irrelevant.

The only exception is that there is a code section in the Labor Code that makes the employer liable for certain compensation if the employee or prospective employee has to relocate to take the offer. Again, though, that only applies after the offer has been accepted and the employee has incurred the relocation expenses. As Mr. Perry notes, an unaccepted offer can always be rescinded unless there is an agreement to keep it open for a specified time.