Withdrawing After Accepting an Offer

If you receive a more attractive opportunity after accepting an offer, can you withdraw? What might happen if you do? And what can you do if the employer withdraws an offer? This guide looks at contracts, professional conduct and practical steps. It is not legal advice. For a specific contract dispute, consult the Labour Department or a lawyer.

1. Distinguish four situations

1. You are still in the process and have no offer: you may withdraw your application at any time; a polite notice is enough.
2. You have an offer but have not accepted it: declining is a normal choice. Notify the employer in writing before the deadline; see no. 15 in this batch.
3. You have accepted (by signing or written confirmation) but have not started work: this is commonly called reneging, and it is the most complicated situation.
4. You have started work: this is a resignation and should be handled under your contract and the notice rules in the Employment Ordinance.

2. Leaving after you have started: the legal rules are clearer

The Labour Department’s “A Concise Guide to the Employment Ordinance” says:

1. During the first month of a probation period, either side may terminate the contract without notice or payment in lieu of notice.
2. After the first month of probation, follow the notice period stated in the contract, which must be at least seven days.
3. For a continuous contract with no probation period or after probation has ended, follow the notice period in the contract, which must be at least seven days. If the contract does not specify one, it must be at least one month.
4. A party that does not give notice generally has to pay the other party in lieu of notice.

Follow the contract and Labour Department guidance. See Batch 2, no. 5, for more on calculating notice.

3. Accepted but not yet started: why it is more complicated

1. Accepting an offer may already create a contract between you and the employer. The legal consequences of withdrawing before starting depend on the contract terms and circumstances. Do not decide the legal position yourself; consult the Labour Department or a lawyer if you are unsure.
2. Some offers specify what happens if you withdraw after acceptance, such as repaying a signing bonus or relocation expenses. Read these terms carefully.
3. Mainland employers may use a tripartite agreement with breach provisions. Follow the university employment office’s guidance and the agreement itself.
4. Even where legal consequences are limited, the professional consequences are real. The employer reserved a place for you and may have turned down another candidate; your university and referrers may also be affected.

4. What professional organisations say

1. NACE recommends that career centres emphasise to students that offers should be accepted in good faith, without an intention to renege later.
2. NACE’s Professional Standards for Early Talent Recruiting say that if a candidate reneges, the employer’s hiring manager may follow up to understand why and should notify the candidate’s university career centre. This means a reneging record may be sent back to a university in the United States. Whether Hong Kong or mainland employers do something similar depends on the employer.
3. Duke University’s career-centre employer guidance says students are expected to honour commitments and not renege, while employers are also expected not to withdraw offers or delay start dates. Honesty is expected of both sides.

5. If you decide that you really must renege

Think carefully first: is the difference between the new opportunity and the accepted offer worth these costs? If you decide to proceed:

1. Act early. The sooner you tell the employer, the more time it has to recruit another person and the less harm there is to each party.
2. Call or arrange a meeting first, then confirm in writing. Do not disappear after sending one email.
3. Tell the HR representative and hiring manager who made the offer. If someone referred you, tell them personally and apologise.
4. Explain briefly and truthfully. You do not need to disclose the new employer’s terms, and should not criticise the original employer.
5. Accept the consequences. Repay any amounts required under the contract and cooperate with necessary paperwork.
6. Apologise and thank them. Acknowledge the inconvenience you caused.
7. Tell your university if you found the offer through its recruitment system, and ask about any university rules.

6. What to avoid

1. Accepting several offers at the same time as a “fallback”.
2. Waiting until just before the start date to say you will not join, or failing to show up. NACE’s standards identify both reneging and not showing up on the first day as situations for employers to follow up.
3. Making up an excuse, such as falsely saying a family member is ill.
4. Posting publicly on social media about the withdrawal.

7. If the employer withdraws or delays an offer

1. NACE’s advisory opinion on rescinded or deferred offers says employers should withdraw an offer only in limited cases where there is no realistic alternative. They should notify the candidate promptly and consider offering support, such as helping the candidate re-enter the recruitment process.
2. If this happens:
   1. Ask the employer to explain the decision and its reason in writing.
   2. Keep all correspondence: the offer, your acceptance and the employer’s notice.
   3. If you made arrangements based on the offer, such as declining another offer or moving, record the resulting costs.
   4. Contact your university career centre promptly for help.
   5. For contract rights, consult the Labour Department. See Batch 2, no. 6, for labour-dispute channels.
   6. If your visa application relies on the offer, promptly check the effect with the Immigration Department; see Batch 1, no. 7.
3. If the start date is delayed, ask for written confirmation of the new date and whether the conditions have changed. NACE notes that candidates may decide to accept another offer while waiting, and both sides should understand this possibility.

8. How to reduce the chance of reaching this point

1. Clarify the information before accepting; see the comparison table in no. 15 in this batch.
2. If you need more time, request an extension rather than accepting first and deciding later.
3. After accepting one offer, withdraw your other applications promptly to avoid being caught between decisions.
4. If a preferred opportunity is still in process, assess honestly before accepting whether waiting for its result is worth the risk of losing the offer you already have.

Sources

• Labour Department, “A Concise Guide to the Employment Ordinance”, Chapter 9, “Notice Periods and Payments in Lieu of Notice for Terminating Employment Contracts”, finalised December 2025 and checked 20 October 2026.
• NACE, “Advisory Opinion: Setting Reasonable Deadlines for Job Offers”, checked 20 October 2026.
• NACE, “Advisory Opinion: Rescinded and Deferred Employment Offers”, checked 20 October 2026.
• NACE, “Professional Standards for Early Talent Recruiting & University Relations”, November 2024 edition, checked 20 October 2026.
• Duke University Career Center, “Recruiting Guidelines and Expectations for Employers”, checked 20 October 2026.