Can you legally rescind a job offer? If the job offer was retracted on the basis of a protected characteristic, then the job seeker can state claims under state and federal anti-discrimination law.You may be entitled to compensation from the employer who terminated your job offer wrongfully. Legal Claims You May Have If a Job Offer Is Rescinded As a general rule, an offer may be rescindedits just an offer, not a contractin fact, it may be withdrawn after acceptance too! Use this form to notify an applicant that you may withdraw their conditional job offer based, at least in part, on a criminal background check. Revoking an employment offer is not illegal in most cases, but the decision should be given a full legal review before contacting the candidate. Yes, a company can rescind a job offer under certain circumstances, such as failed background checks, financial instability, or candidate misrepresentation. The law provides you with important rights if the employer wants to take back (rescind) your conditional job offer because of your criminal history. In California, the relationship of employer and employee is generally "at will.