If an employer rescinded your job offer after conducting a criminal background check, you might have the right to submit a claim under the Fair Chance Act. Yes, a company can rescind a job offer under certain circumstances, such as failed background checks, financial instability, or candidate misrepresentation.Can an employer legally withdraw a prospective employee's job offer? In short, the answer is yes. I was wondering if it would be legal for an employer to rescind a job offer in the case I have a charge that has no conviction. In general, no, if you volunrarily terminate your employment you are not eligible for unemployment benefits. NY Law allows companies, without incurring liability, to revoke written offers of atwill employment before the prospective employees start work. You have to fill out a form to give them permission if I remember right. You will need to speak to a lawyer familiar with employment law in your state and possibly Illinois. Can an employer legally withdraw a prospective employee's job offer?