Know the legal risk and avoid it with better hiring
QUICK SUMMARY: In California, once an offer of employment is made or accepted, withdrawing it can create legal risk for the employer depending on the circumstances. CDA's employment practices analysts who have advised members on this topic share three risky scenarios and advice for improving hiring.
CDA Employment Practices Analyst Michelle Coker takes calls from member-dentists every day she is in the office. Many of those conversations end with the dentist understanding applicable employment law or how to use a CDA form, sample policy or other resource to fulfill a task or responsibility.
But, occasionally, as with recent calls about rescinding a job offer, a call ends with Coker referring the dentist to an attorney because, as she puts it, “the circumstances are serious enough.”
“In California, once a verbal or written offer of employment has been made or accepted, withdrawing it can create legal risk for the employer depending on the circumstances,” Coker said. “The legal risk is greater if a start date has been established or the candidate has relied on the offer, turned down other job offers or resigned from another position.”
Asked if calls about rescinded job offers share a common theme, Coker did not hesitate to reply. “Rescinding an offer is often the result of a poor hiring process,” she said.
Coker said too often dentists have hired in haste or skipped steps in...
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