HR Chat: Rescinding an Offer

You are in the process of hiring a new employee and have extended a conditional job offer to a candidate. The offer was contingent upon the successful completion of a background check. Upon reviewing the background check results, you discovered that the candidate has a history of multiple prior arrests. Based on this information, you are considering rescinding the offer. We would like guidance on how to legally withdraw the offer in a manner that ensures compliance with applicable laws and avoids any appearance of discrimination.  How can we rescind the offer legally without it appearing discriminatory?

Sensitive issues can often emerge during the hiring process, particularly when conducting background checks. Consulting with the attorneys at myHRcounsel before rescinding a job offer can give you confidence and assurance that your actions comply with applicable employment laws.