Got a contingent offer, is it legally binding?

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Hello Nurse Beth,

I graduated in May 2020 and passed my NCLEX in December 2020. I was job hunting for most of the beginning of 2021 and after a lot of applications and a lot of rejections, I finally got an offer! The problem is it's not really the unit I want and it's rather far, but considering I didn't know if I was going to get any other offers, I accepted via text from the recruiter. The recruiter sent me an email titled a contingent offer. I re-read the email at least 3 times now and it says that the official offer will likely be sent to me 4-6 weeks before the actual start day on June 28. I have 2 more interviews for hospitals that are closer and units I would prefer to work on.

My questions are what exactly is a contingent offer? And since I verbally accepted, is that legally binding? Can I still decline the offer if a better one comes up? I don't really understand legal stuff and I just don't want to get into anything where I could get sued. I don't really have any grown-ups I can ask to help me and I don't want to let the recruiter know that they aren't my top pick because I'm scared they might take away the offer. I hope you can help me out and thank you so much for taking the time to read this very long message!??

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4 Answers

Specializes in Tele, ICU, Staff Development.

Dear Job Hunting,

Things are really starting to come together for you job-wise! Congratulations!

Short answer- yes, you can still decline the offer.

A contingent offer is the employee covering themselves in case something comes up, perhaps in your background check. They are offering you the job conditional upon your meeting some requirements.

You did accept, and your acceptance (verbal or in writing) means they will move forward with the process of hiring you. So if you are offered a job you prefer more, you would have to withdraw your acceptance, which terminates the process.

But you will not be sued. Technically, anyone can back out of an offer or a job at any point (read at-will employment). It happens all the time that a new grad accepts an offer and then withdraws. Nothing is final until it's all final. The right thing to do is to regretfully let them know as soon as possible if you change your mind.

note: Different scenario- you could be sued if you sign a contract to stay for 2-3 years, and break it.

Good luck! I wish you the best. I would like to mail you a free copy of my book

First Year Nurse if you message me your address.

Nurse Beth

Specializes in Psych, Corrections, Med-Surg, Ambulatory.

I agree with Nurse Beth.  The email clearly says "the official offer will be sent..."  Since you've not yet received an official offer, there is no way you can officially accept.  They are certainly leaving themselves room to back out.

If you can possibly score a job without having to sign a 2-3 year contract, that is the job I would go for.  A facility without retention problems doesn't need contracts.

Congratulations, whatever you end up doing!

Specializes in Pediatrics.

Hi, I'm in a similar situation and was wondering your opinion. I've applied to several pediatric new grad residencies and have heard back from one so far. They offered me a position but not on my first choice unit. The hospital is great though and I know it is a great place to start as a new grad. The other places I've applied to will only start inviting people for interviews during the next few weeks, so I won't know if I get an interview or get a position until mid-June probably. And then, who knows if it will be in my top choice unit. But all 3 of those hospitals are in cities that I would prefer to live in. Should I decline this offer even though it is at a highly ranked hospital in hopes of getting an offer elsewhere? Should I accept and then renege if I get something else? I'm really stumped on what to do because I don't want to let an opportunity to work at a top children's hospital slip by but I also don't want to settle and really do want my top choice unit. Any advice is appreciated!

Specializes in Tele, ICU, Staff Development.
17 hours ago, ees80 said:

Hi, I'm in a similar situation and was wondering your opinion. I've applied to several pediatric new grad residencies and have heard back from one so far. They offered me a position but not on my first choice unit. The hospital is great though and I know it is a great place to start as a new grad. The other places I've applied to will only start inviting people for interviews during the next few weeks, so I won't know if I get an interview or get a position until mid-June probably. And then, who knows if it will be in my top choice unit. But all 3 of those hospitals are in cities that I would prefer to live in. Should I decline this offer even though it is at a highly ranked hospital in hopes of getting an offer elsewhere? Should I accept and then renege if I get something else? I'm really stumped on what to do because I don't want to let an opportunity to work at a top children's hospital slip by but I also don't want to settle and really do want my top choice unit. Any advice is appreciated!

I would ask for a little more time to decide, but that would only give you about another week. You would have to accept or reject the offer before the mid-June interviews. The timing might work in your favor if the job you've been offered doesn't start for awhile.

Deciding to hold off for a better offer largely depends on how risk averse you are. There's a lot to be said for a bird in the hand but I understand you don't want to miss an opportunity and have regrets. Best wishes

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