Can an employer rescind an offer after I’ve accepted the position Virginia

UPDATED: Sep 30, 2022

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Can an employer rescind an offer after I’ve accepted the position Virginia

I was hired by an employer and went through all the steps and passed the
background and drug checks. I then told them I was giving my notice the next day.
They asked me if I gave my notice and I said yes. The next day they called me up
and said they were withdrawing the offer because my communication style didn’t
align with their communication style. Now I can’t get my old job back.

Asked on March 14, 2017 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, unfortunately they can do this unless you actually had a written employment contract with them, which contract was for a fixed or definite period of time (e.g. a one-year, two-year, five-year, etc. contract). In the absence of a contract, employment is "employmet at will": the employer may terminate employment at any time, for any reason, without notice--including "terminating" it before it even begins, by rescinding an offer. The impact on you is very unfortunate, but does not alter the employer's rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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