If an employer rescinded your job offer after conducting a criminal background check, you might have the right to submit a claim under the Fair Chance Act. The City law requires the employer to explain the rescission in writing.NY Law allows companies, without incurring liability, to revoke written offers of atwill employment before the prospective employees start work. The Division of Human Rights complaint form is available at the below link. You may use this form to file and submit your complaint online. Can an employer legally withdraw a prospective employee's job offer? In short, the answer is yes. You may not ask about an applicant's convictions until you provide a conditional employment offer. Can an employer legally withdraw a prospective employee's job offer? In short, the answer is yes.