If an employer rescinded your job offer after conducting a criminal background check, you might have the right to submit a claim under the Fair Chance Act. If, however, you are considering withdrawing the offer of employment based on your review of the criminal record, you must first complete three steps:There are many reasons why your employer may rescind a job offer. You may have failed a drug test. NY Law allows companies, without incurring liability, to revoke written offers of atwill employment before the prospective employees start work. If you had a job offer rescinded, you might have claims for breach of contract, promissory estoppel, or fraud. It's legal to rescind a job offer in an atwill employment situation or state. If the offered employment is atwill, then the short answer to these questions is "no. An employer can withdraw an offer of employment at any time until it is accepted. Job applicants' criminal history cannot be part of your hiring process until after a conditional offer of employment is extended.