Do you give 2 weeks notice after background check?

Deciding whether to give two weeks notice after a background check can be a tricky situation. On one hand, you want to maintain professional courtesy and leave on good terms. On the other hand, if the background check uncovers issues that may lead to termination, you may want to resign immediately.

Table of Contents

Should you give notice if the background check goes smoothly?

If your background check comes back clean and the employer is ready to proceed with hiring you, then yes, you should give two weeks notice to your current employer before starting the new job. Here are some reasons why:

It’s the professional thing to do – Giving proper notice allows your current employer time to transition your work and find a replacement.

Avoid burning bridges – Even if you’re moving on, you want to leave on good terms in case you ever need references or want to work for the company again in the future.
Transition knowledge – With two weeks notice, you have time to hand off projects, train others on your responsibilities, and tie up any loose ends.
Preserve reputation – Giving notice protects your professional reputation and demonstrates that you are an ethical person who respects company policies and co-workers.

Additionally, most employment agreements and company policies require at least two weeks notice before resigning, so giving notice is often legally and contractually required.

Should you give notice if the background check reveals issues?

This situation is trickier. There are a few scenarios where you may decide not to give two weeks notice after a background check:

Rescinding the offer – If the employer decides to rescind the job offer due to something concerning uncovered in the background check, you are under no obligation to give two weeks notice to your current employer.

Significant issues leading to termination – If you believe the background check reveals issues significant enough for the new employer to terminate your employment immediately, you may want to preemptively resign from your current job right away instead of working two more weeks.
Dishonesty on your application – If you were dishonest on your job application about aspects of your background that the check uncovered, you will likely lose the job offer. In this case, it’s reasonable to resign immediately from your current role.

However, keep in mind that in most cases where minor issues arise in a background check, the employer will not rescind the offer as long as you’re able to provide context and explanation. Unless you believe your offer will certainly be revoked, it’s wise to give two weeks notice to maintain positive relations with your current employer.

How to give notice after background check

If you’ve decided to provide two weeks notice, here are some tips on how to resign gracefully:

Notify your manager and HR in person if possible – This shows respect and gives them the news directly. Offer a formal resignation letter as well.
Give written notice – The resignation letter should include the fact you are resigning, the effective date two weeks out, and gratitude for the opportunities you were given.

Offer to help transition – Mention that you want to help make the transition as smooth as possible over the next two weeks.
Tie up loose ends – Complete outstanding projects and organize handoffs during the notice period. Offer to help hire and train your replacement.
Express gratitude – Thank your colleagues and manager for the opportunities you were given. Reiterate you want to leave on positive terms.

Giving an appropriate and positive two weeks notice is the professional thing to do. It maintains your reputation and demonstrates respect for your workplace.

What to do if let go before end of notice period

Sometimes after giving notice, an employer may release you from working the full two weeks. This can happen for several reasons:

Protect trade secrets – There is concern you may take confidential data to the competitor you’re joining.

Possible sabotage – They worry a disgruntled employee may deliberately sabotage systems, clients, sales pipelines, etc.
Low productivity – You may work less diligently during the notice period and they prefer to have you leave.
Risk of you leaving earlier – You find a better opportunity and depart before the end of the notice period.

If let go early, here are some tips on handling the situation gracefully:

Don’t take it personally – It’s likely not personal but a policy decision to protect the company.
Ask about pay – Check if you will be paid for the full notice period or just the time worked. Make sure you get compensation owed.

Ask for a reference – Request they still provide a good reference since you tried to give proper notice.
Leave contact info – Provide your personal contact information so you can be reached for any handoffs or questions.
Return company property – Make sure to return any company-owned equipment, keys, data, etc. before your last day.

While being let go early may be disappointing, maintain a level of professionalism and understanding. This will leave the job on the best possible terms.

Can a company withdraw an offer after you resign?

Unfortunately, yes – a company can withdraw a job offer even after you resign from your current position. Here are some reasons this can happen:

Background check issues – If something negative comes back on the background check, the offer may be taken back.

Position no longer available – Budget cuts, hiring freezes, or a restructuring may unexpectedly eliminate the job.
Hiring the wrong candidate – They may have found another applicant they feel is better qualified.
Changed circumstances – Any sort of significant business change from a merger, scandal, loss of funding, etc.

While it’s not common, you should be prepared for the possibility of a rescinded offer. Some tips include:

Have a backup plan – Don’t put all your eggs in one basket in case the offer falls through.
Ask about contingencies – Try to find out about any circumstances that could impact the job offer before resigning.

Get confirmation before resigning – Confirm the offer is still on the table right before giving notice to leave your job.
Review your rights – Check if there are any employment laws in your state that protect you if an offer is withdrawn.
Ask about timeline – Find out the company’s projected start date and get routine updates on any changes.

While you hope the situation never arises, understand that a job offer could theoretically be revoked at any point up until you actually start – even if you’ve already resigned from your old job.

Should you take legal action if an offer is withdrawn?

Taking legal action against an employer who withdraws a job offer is challenging, for a few reasons:

Employment at-will – Most private sector employment is at-will, meaning the employment relationship can be ended by either party at any time without cause.

No employment contract – With an offer letter but no actual employment contract signed, you have limited legal standing.
Hard to prove damages – It can be difficult to quantify exact financial harm done as a result of a rescinded offer.
Time consuming – Lawsuits are very expensive, lengthy, and there is no guarantee of winning.

Burning bridges – Suing could make you unwelcome at that company and within your industry.

That said, there are a few cases where legal action may be valid:

Violation of state law – Some states restrict withdrawal of offers under certain circumstances.

Discrimination – If the offer was revoked illegally due to discrimination over race, gender, etc.
Detrimental reliance – If you can prove you suffered significant demonstrable harm by relying on the offer. For example, you sold your house and moved across the country.
Bad faith – Clear evidence the offer was made in bad faith without any intention of following through.

Unless your case fits one of those categories, it is likely not worth pursuing legal action. The time, costs, and burden of proof make it challenging to win. Focus instead on moving forward and finding new opportunities.

Should you list a job you didn’t actually start on your resume?

If you resign from a position in anticipation of starting a new job that ultimately falls through, should you include the unstarted job on your resume? There are pros and cons to consider.

Pros of listing

Demonstrates your hiring value – Going through the recruitment and offer stage shows you were desirable for the role.
Shows career progress – Illustrates that you were looking to advance your career and responsibilities.
No employment gaps – Prevents an unexplained gap between jobs if the new role doesn’t work out.

Cons of listing

Questions about short tenure – Employers may wonder why you left so quickly and doubt your commitment.
Requires explanation – Can raise red flags so you’ll have to explain the offer retraction.

Potentially misleading – Could be unethical depending on how it is presented on the resume.

The safest approach is to omit short unstarted jobs from your resume but be prepared to briefly mention them if specifically asked about your employment history. Focus on highlighting your skills, achievements, and track record of success instead.

How can you avoid this situation in the future?

While there’s no way to fully prevent a job offer being rescinded, here are some tips to reduce the chances:

Vet the company – Research their reputation, leadership, funding, recent news, etc. to gauge stability.
Keep networking – Maintain connections in your industry to stay aware of any issues with the company.
Discuss contingencies – Ask about scenarios that could impact the offer such as financial problems, mergers, etc.

Wait to resign – If possible, time your notice period so there is minimal gap between jobs.
Line up backup options – Continue applying to and interviewing with other employers in case this one falls through.
Request an employment contract – Try to get some legal assurances of job security and employment terms.
Get it in writing – Have continued written confirmation of the offer details as you get closer to the start date.

While you can’t fully control an employer’s actions, taking these preventative steps can help minimize the chances of a painful rescinded job offer.

Conclusion

Having a job offer withdrawn after you’ve already resigned from your current position can be an incredibly frustrating and challenging situation. While giving standard two weeks notice is ideal, there are certain cases where you may need to resign immediately based on the background check results.

If you do resign from your current job, make sure you take precautions in case the offer falls through for any reason. Continuing your job search, maintaining connections, and avoiding counting your chickens before they hatch can help you navigate this difficult scenario.

With careful preparation, grace under fire, and maintaining a professional reputation, you can transition smoothly and pursue new opportunities even if an offer is unexpectedly revoked.