The job (promotion) has been offered to somebody who doesn't have the required experience,can i therefore retract the offer?
2006-10-25 23:29:56 · 6 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
An offer of employment is a form of contract in its own right and thus gives the recipient some protection. For example if they have resigned from a current position on the basis of a new offer they would be protected. If you made the offer subject to proof of required experience you could withdraw. Similarly, if you made the offer subject to satisfactory references and were unable to obtain them, you could withdraw. Failing this you would need to prove a compelling or reasonable business case for withdrawing the offer - for example if the position offered had now become redundant. Failing all of these options your only hope is that when in post the individual is unable to perform and you can demote / dismiss on capability. Having a probationary period in the new post will help. If they are a current member of staff (you indicated promotion rather than new hire) it would be advisable to return them to their original position rather than dismiss.
2006-10-25 23:55:51 · answer #1 · answered by catherine 1 · 0⤊ 0⤋
Normally a job offer would be conditional upon a person fulfilling certain requirements, which would probably include satisfactory references and the passing of a medical examination. Here you are talking, however, about a promotion, so presumably this person has been working for you already. If the claim to having the required experience was made in the course of applying for the job or promotion and you have evidence that this was a misrepresentation, then you are on strong ground, as the employee was guilty of a criminal offence in making the false representation. If no such representation was made by the employee, then it is hard to see on what grounds you may withdraw the offer.
2006-10-26 06:48:34 · answer #2 · answered by Doethineb 7 · 1⤊ 0⤋
yes you are entitled to withdraw the offer on the grounds of unsuitability
2006-10-26 06:31:49 · answer #3 · answered by ALAN B 3 · 0⤊ 0⤋
Your company should have a specific policy on this if they don't you could always say that the company decided not to have that position anymore
2006-10-26 06:39:37 · answer #4 · answered by vinniebagodonuts 2 · 0⤊ 0⤋
Yes I believe you have sufficient reason and can prove it is not discrimination of any sort but for purely business or operational reasons
2006-10-26 06:32:44 · answer #5 · answered by Bindesh M 2 · 0⤊ 0⤋
If they misled you into thinking that they did have the experience, then you can
2006-10-26 06:32:06 · answer #6 · answered by SteveT 7 · 0⤊ 0⤋