We want to take it back!

MedHRpro · April 2003

Just began with a new medical facility. We made an offer for a position, but yet the supervisor had a better candidate show up. They want to take back the offer to the first candidate. Nothing was offered in writing. Any thoughts or suggestions?

Down_the_Middle · April 2003

My advice is "a card layed is a card played"....and unless there is some compelling reason to withdraw it, I'd recommend going with your first decision. The risk in withdrawing the offer is having the initial candidate claiming promissory estoppel/detrimental reliance and this may entitle him/her to some damages for believing that your offer was good and incurring expenses becuz of it. I just completed 2 lawsuits on this very issue, so I speaketh with truthful tongue!!!! If it's necessary to withdraw the offer, I'd recommend doing it with class and offering the indiviudal an impressive gift certificate at a fine dining restaurant with your humblest apologies. If they can get their former job back, you're very lucky. If not, you might start watching for the subpoena server..... Good luck

MedHRpro · April 2003

Thanks for your reply, but can you tell me what promissory estoppel/detrimental reliance is? Guess I'm a little green. THANKS!

HRsage · April 2003

[font size="1" color="#FF0000"]LAST EDITED ON 04-25-03 AT 03:32PM (CST)[/font][p]I agree with D-T-M. Stick with what you got, unless you have a really compelling reason. You obviously thought the first person was quailified enough to offer the job first. There will always be someone better no matter what. What if someone else comes in better than candidate number 2? Not to mention if there is the slightest possibility of any discrimination claim. Just my thoughts.

Don D · April 2003

The legal term referred to means, in essence, taking back a promise and harming somebody as a result. If he quit a job based on your offer, or suffered any other sort of harm whatsoever, you have a problem. If you told him one night on the phone, "I think we'll hire you", and told him the next morning you would not, that would be simple. It really gets complicated when you make an offer, written or verbal, have somebody getting their ducks in a row to take the new job, including his notice to friends and family and the JC Penney wardrobe department, and then you screw him. Worse yet, he turned in his notice and has quit or is about to.

What you have done is rarely excusable unless you turned up something in the background interview. Tighten up your practices there immediately, please. You indeed have a dilemma. Keep your offer with this guy intact and learn from the lesson.

jmpmo · April 2003

I have to agree with everyone. The only time we have rescinded an offer was because of a background check. Chances are if you don't go with your gut on the first offer, you are just asking for trouble.

Rockie · April 2003

This happened to me one time. We hired a very qualified candidate and they gave notice on their job. One of our doctors had worked with this person in another life and decided he did not want that person working at our practice. He wanted me to rescind the offer. I advisd him that I had no good reason to rescind the offer and if he didn't want the person working here, I suggest that he call and inform them. The person still works here.

We want to take it back!

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