Virginia Department of Human Resource Management

Policy Guide - Withdrawing an Employment Offer

Reference checks are a critical part of the pre-employment procedure. Policy 2.10 contains information about how reference checks should be conducted. Note that this process should be completed BEFORE an offer is made.

Although it is not illegal to withdraw an offer of employment based on information learned after an offer has been extended, it is not good Human Resource practice. Further, it is unfair to put the candidate in the position of having resigned from a previous position only to withdraw the offer that was accepted in good faith.

If agencies believe it is necessary to extend an employment offer before all information has been received, it should be made clear to the candidate that the offer is conditional and will become final only after further background or reference information has been received and evaluated.

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