Can an Employer Legally Rescind a Job Offer in Pennsylvania?

If you were recently offered a job only to have the offer rescinded, you may think that it is illegal. You may have relocated across the country for your new position, relinquishing the lease on your apartment or even selling your house, all to embark on a new adventure. Upon arriving at your new location, your employer may inform you that you no longer have the position. A blow that feels like a punch in the gut.

Reasons an Employer Can Rescind a Job Offer

In Pennsylvania, an employer can rescind a job offer as long as it does not violate any state or federal laws. If you suspect that the basis for your job offering being withdrawn was illegal, our employment attorneys would like to speak with you.

Failure to Accept the Offer Promptly

An employer is allowed to rescind a job offer if you take too long to respond. Even if you are weighing your options, you must respond within the timeframe stipulated by your offer letter. A late response is grounds for the employer to take back the offer.

A “Red Flag” Came Up

Even after being offered a position, if something of concern does come up, your potential employer is allowed to rescind your offer. A typical example of this is negative feedback from one of your professional references. Additionally, if you posted something controversial about the company or employer online, this may result in your job offer being withdrawn.

Under Pennsylvania’s “Ban the Box” law, an employer is not allowed to ask about a job candidate’s criminal history until a conditional job offer is extended. Regarding a criminal record, the employer must consider the nature of the job in relation to your crime and the amount of time that has passed since sentence completion before deciding to rescind an offer. The employer is legally required to inform the job candidate in writing of their decision. This is a gray area, with a fine line being imposed between an employer’s discretion and an applicant’s legal rights.

You Failed Drug Screening

In Pennsylvania, employers are neither required nor prohibited from conducting drug testing as a condition of employment. Be aware that federal regulations require that employees whose position requires them to carry a commercial driver’s license (CDL) must undergo drug and alcohol testing.

Screening may be conducted before employment, after an accident, upon returning to duty, when there is reasonable suspicion of impairment, and at random. A CDL driver who fails a drug test must immediately be withdrawn from their duties. Also, the results of the drug screening will be reported to the Federal Motor Carrier Safety Administration (FMCSA).

Legal Recourse for Employment Discrimination

Pennsylvania is one of 49 states that practice at-will employment, meaning employers can terminate or demote employees without cause, as long as the reason is lawful. However, this rule does not apply to workers covered by a union contract or those employed in the public sector. Government employees, unlike private-sector workers, are often protected by civil service rules or statutes that require “just cause” for termination and may entitle them to due process hearings before losing their jobs.

Even under at-will employment, an employer cannot rescind a job offer for an unlawful reason. You may have legal recourse if your offer was withdrawn due to discrimination, including:

• Age
• Gender or sex
• Sexual orientation
• Race or color
• National origin
• Religion
• Criminal history

If you believe your job offer was rescinded for any of these reasons, you may have grounds to challenge the decision in court and pursue compensation.

Contact a Harrisburg Employment Attorney Today

Having a job offer taken away can feel like the rug is being pulled from underneath you. You likely had to reorganize a portion of your life to make this new opportunity feasible. Given that you likely had to provide two weeks’ notice at your old job, you may find yourself unemployed, wondering what to do next.

If you believe that your job offer was rescinded unlawfully, then you must speak with one of our Harrisburg employment lawyers who can review your situation. To arrange your consultation, contact Mette Law online or call (717) 232-5000 today.