Rescinded Job Offers
Employers who rescind a job offer usually must pay the employee whose job was rescinded damages akin to that of a regular employee who is terminated from his position.
If an employee has accepted a job offer, and suddenly the employer takes the job offer away, the employee may treat himself as being fired (i.e. as wrongfully dismissed). There is no distinction between an employee who has worked for a period of time and one who hasn’t. Therefore, the employer must provide the employee pay in lieu of reasonable notice as it would for any employee.
Employees who have a never worked a single day are usually entitled to about 3 months of pay in lieu of notice (i.e. 3 months wrongful dismissal damages). The courts recognize that it takes that amount of time, at minimum, to find a new job, and that is what the law seeks to remedy – lost wages between unemployment and re-employment.
The only time an employer may rescind a job offer and not have to pay the employee termination pay in lieu of reasonable notice is if:
- the job offer had certain requirements which were not met (such as conditional reference checks);
- the applicant lied in the job interview (or in his application);
- the employer has just cause to fire the new employee.
Dutton Employment Law is an employment offer law firm.
If your employer has rescinded your job offer, and you want legal counsel to demand termination pay, or even your job back, contact a Toronto employment offer lawyer today.