Canada: Employers Right to Rescind Job Offers

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Employment law in the Alberta region, as well as other areas of Canada, is large in scope. However, in any legal field, there are areas that may be a bit hazy.

While the law clearly states what employers can and cannot do in terms of employment, the time leading up to employment can be one of these hazy, gray areas.

Once an employer extends a job offer, the potential new employee has to take certain actions, such as preparing a notice of resignation to his or her current employer. He or she may also make more extravagant purchases than normal to celebrate the new role, and the anticipation of earning more money. If the job offer is then rescinded, this potential new employee may discover that he or she is in much hot water.

Even though this area of employment law may not be 100% clear, there are a couple of situations in which the employer can withdraw a job offer.

The first is with conditional job offers. For example, an employer offers you a job but tells you that the job hinges on positive reference checks or background checks. In such a case, if the employer receives a bad reference, or spots a problem during a background check, he or she can move to rescind the offer.

The second situation may arise if the potential employer discovers an applicant has not been truthful during his or her recruitment. For example, if an applicant misrepresents his or her education credentials or work history, the employer can legally choose to rescind the offer.

If you believe an employer has illegally rescinded a job offer, you should seek legal advice from an employment lawyer. This can help you determine if the job offer was rescinded in compliance with Alberta’s Employment Standards Code and Regulation.

 

Supporting Article Research Sources: Ridout Barron, HRM Canada, Mondaq

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