Legal Question in Business Law in New Jersey

HR law

what is the impact of rescinding an offer due to economic conditions but later when a similar position is available NOT offering that position to the applicant previously offered a position. can a company hire someone else or do they have to hire the person originally offered the job? is there potential legal liability here?

Thanks so much


Asked on 12/29/08, 12:34 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: HR law

This is an issue of basic contract law. If an offer is properly rescinded, it need not be re-opened. If. it is re-opened, it can be on any terms whatever and to anyone.

An offer that has not been rescinded can be accepted according to its terms and only those terms.

In general, an offer can be accepted until it is withdrawn or rescinded or if it expires according to its terms or by the expiration of a reasonable time. An offer that is made firm for a fixed amount of time or until a specified event cannot be rescinded until that time or condition is satisfied.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 12/31/08, 1:53 pm


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