VIC Is it legal that an employer withdraw an employment offer before its expiry date ?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

tonywu

Member
29 June 2021
3
0
1
I got an employment offer from an employer. The offer has an expiry date. However, the employer noticed me they wanted to withdraw this offer before this expiry date. Is it legal? I thought we already agreed on a due date of this offer. What can I do?

The expiry date is something like this:

To accept this offer of employment please return a signed and dated copy of this letter to me
by 01/07/2021.

[Name of the employer]

I, [my name], have read and understood this letter and accept the offer of employment from [company name]
on the terms and conditions set out in the letter.

Signed: Date: / /
Print name:
 
Last edited:

Rod

Lawyer
LawTap Verified
27 May 2014
7,204
969
2,894
Not if you communicated acceptance to the employer.
 

tonywu

Member
29 June 2021
3
0
1
Not if you communicated acceptance to the employer.
Hi Rod,

Thanks for your reply. I really appreciate it. And here is my case.
I was planning to sign the contract and sending back to the employer. However, before I signed it, the employer sent an email to notice me they wanted to withdraw this offer because they wanted to move forward with other options. Is there anything I can do? I thought we agreed on the due date of the offer and I trusted him. However, the employer withdrew it before the due date. I feel betrayed. I understood the employer may think there is a chance that I won't accept his offer and keep finding other candidates. I just didn't expect an employer would do such thing before the due date.

Thank you,
Tony
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,204
969
2,894
Acceptance can be oral or email.

Did you suffer an loss as a result of their withdrawal of the job?
 

tonywu

Member
29 June 2021
3
0
1
Hi Rod,

Thanks for your reply.

I called them and said I actually would like to accept the offer after they emailed me saying they would like to withdraw it. I stopped some of my interview process with other companies since I thought time was not enough because I would need to reply to them before the due date.

Thank you.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,204
969
2,894
Probably not worth pursuing.

If you accepted before you read the email you have an arguable case, however you have no readily identifiable no losses.