If an employer rescinded your job offer after conducting a criminal background check, you might have the right to submit a claim under the Fair Chance Act. Can an employer legally withdraw a prospective employee's job offer?In short, the answer is yes. Spell out those contingencies in your employment application and offer letter. The decision to rescind a job offer must be permitted under applicable law. An employer can withdraw an offer of employment at any time until it is accepted. Below you'll also find a stepbystep action plan about what you can do if they find that their job offer has fallen through in this way. Employment laws vary from state to state and even from municipalities. Maserumule Corporate Employment Law•987 views. HR professionals will likely have to rescind a job offer at some point in their careers.