Can you legally rescind a job offer? There are many reasons why your employer may rescind a job offer.You may have failed a drug test. Rescinding a job offer is unfortunate and should only happen in rare instances when there are no realistic alternatives, such as when an employer is downsizing. Is it illegal to rescind a job offer under New Jersey employment law? The answer is that sometimes, under certain conditions, it certainly can be. No, it is not illegal to rescind a job offer. Proceed with caution. Employers like Coinbase, Redfin and Twitter are rescinding job offers, a painful tactic generally only seen during an economic crisis. In the absence of a contract, a prospective employee may sue for promissory estoppel if she can prove that the requirements for promissory estoppel existed.