Case Study: Staffing Needs Have Changed!
An employer revokes an employment offer a month before Sandy Dee was to begin work for the employer. She is told that when the employer made the job offer, the company's personnel needs for the coming year were overestimated. While apologetic, the employer does not offer her any financial assistance. The employer, however, offers to send her resume to other companies that are hiring and to give Sandy a good reference, i.e., "We would have hired her had it not been for the miscalculation in staffing needs." Fortunately, Sandy has not relocated because the job was local.
Does the employer have any other obligations to Sandy?
Questions to consider:
- What relevant facts are known?
- Identify the NACE Principles in question.
- Discuss practical alternatives that are consistent with NACE
Principles.
- Decision (outcome).
Steps to Resolution
1. What relevant facts are known?
a) The company rescinded the offer to Sandy Dee one month in advance of her start date.
b) The company did not provide any financial assistance.
c) The company did offer to assist in her job search by sending her resume to other firms.
However, we do not know the following:
a) What is meant by "miscalculation" - did business conditions change unexpectedly, or did the company fail to accurately project hiring needs?
b) Did Sandy Dee receive a bonus?
c) What criteria did the company use in deciding which offers were to be rescinded?
d) What are Sandy's 'opportunity losses" - did she decline other offers or limit her participation in on-campus interviews?
2. Identify the NACE Principles in question.
a) Employer Principle #3 - "accurate information"
"Employment professionals will supply accurate information on their organization and employment opportunities. Employing organizations are responsible for the information supplied and commitments made by their representatives. If conditions change and require the employing organization to revoke its commitment, the employing organization will pursue a course of action that is fair and equitable."b) Employer Principle #2 - "professional knowledge"
"Employment professionals will know the recruitment and career development field as well as the industry and the employing organization that they represent, and work within a framework of professionally accepted recruiting, interviewing, and selection techniques."
3. Discuss practical alternatives that are consistent with NACE
Principles.
a) First, as recommended in the Position Statement on Rescinded and Deferred Employment Offers, the company should be encouraged to consider alternatives that do not require the rescission of Sandy's offer. These may include changes in job responsibilities, salary reduction and/or reduced workweeks, changes in job locale, delayed starting dates, and other reasonable options.
b) Second, if Sandy's offer must be revoked, the company should be strongly encouraged to provided assistance to her which may include, but it not limited to:
- Reimbursement for expenses incurred in the acceptance of employment.
- Provision for short-term financial assistance.
- Services to aid the candidate in securing other employment.
4. Decision
a) The Career Services' director, or other representative, should contact the company and encourage them to consider the alternatives outlined above. Importantly, Career Services can offer a perspective about how other companies handle these situations, and discuss the ramifications of their actions for their recruiting.
Additionally, if such situations arise in the future, the company should be encouraged to:
* Alert candidates about the rescissions as soon as possible.
* Make every reasonable effort to inform the staff of the candidate's career services' office.b) Provide services, as appropriate and consistent with policies of Career Services, to Sandy. These may include, for example, participation in on-campus interviews, access to job listings, career advising, and access to alumni network.
c) Consider taking preemptive action to minimize future rescissions and/or their impact on candidates by sending to all recruiting employers the Position Statement on Rescinded and Deferred Employment Offers.
