I have an offer, but screening is pending: should I resign now?

An offer is not the same as a completed hiring process

Before you resign, you need to know whether the offer is final or still subject to conditions. A written offer that says "subject to background check" or "pending internal approval" is not a completed hiring process. The legal relationship between you and the prospective employer may be at the pre-contract stage, which is different from an existing labour relationship. Your rights and remedies depend on what was promised, what conditions remained, and what you did in reliance on the offer.

Ask for a conditions-status reply

Write to the hiring contact or HR and ask for a written status update. For each condition stated in the offer, ask: Is it complete? If not, what remains? Who is responsible for confirming it? Is the start date firm or still tentative? Keep the reply. If the recruiter says "everything is fine" but the written offer still lists conditions, ask them to confirm in writing that the conditions are waived or satisfied.

Record decisions and actual costs

Save every version of the offer letter, your acceptance, any message from the employer asking you to resign or relocate, and your replies. Keep receipts and dates for genuine expenses you incurred because of the offer, such as a relocation deposit or a non-refundable training fee. If a background check report contains an error, ask the screening provider how to correct it. Do not create fake losses, and do not try to obtain records you have no right to see.

Before choosing a resignation date

Your current employer may require a notice period and a proper handover. Your new offer may have a start date that depends on conditions. Ask both sides what dates are feasible, but do not promise a resignation date before you are sure. If the offer is withdrawn after you have resigned or incurred costs, the dispute may be about pre-contract liability, not an existing labour relationship. The correct claim route and the time limit for bringing a claim depend on the specific facts. Take your documents to a lawyer or a legal aid office and ask which route applies, rather than assuming labour arbitration is always the answer.

What to ask if the offer is withdrawn

Gather the offer versions, acceptance, remaining conditions, requests to resign or relocate, and evidence of real expenditure. Ask which legal relationship and claim route fit those events, and what must be proved about the promise, reliance and loss. The offer salary is not automatically the compensation amount. Do not treat a failed background check, a recruiter’s message or a sample case as the full legal answer.

A practical example of how to think

Hypothetical illustration: an offer gives a proposed start date but retains a background-check condition. The applicant is considering giving notice at the current job. Ask the hiring contact: “Which conditions are complete, who can confirm that, and is this start date firm?” Compare the written reply with the current job’s notice and any planned moving costs. This illustrates risk before making an irreversible decision; if withdrawal has already occurred, retain the actual timeline rather than assuming all losses can be recovered.

Next steps if the issue is unresolved

If you cannot get a clear answer from the employer, and you believe you have suffered a loss, seek legal advice with your documents. Ask specifically: "What is the correct claim route—labour arbitration, civil litigation, or another procedure—and what is the time limit?" Do not delay, because time limits may apply. If you need a specialist, bring the offer, your acceptance, the employer's messages, the background check report (if any), and your expense receipts. Ask the lawyer to explain the strengths and weaknesses of your case based on these documents.

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