Can you legally rescind a job offer? Can an employer legally withdraw a prospective employee's job offer?In short, the answer is yes. The decision to rescind a job offer must be permitted under applicable law. Unfortunately, an employment offer is not legally binding. There are many reasons why your employer may rescind a job offer. You may have failed a drug test. Inform the candidate both verbally and in writing when the offer is rescinded. Yes, most employees are "at will" which is similar to "right to work" where they can be let go at any time for any reason. HR and legal considerations for employers regarding rescinding job offers.