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I recently received a comment from a reader about the Work Opportunity Tax Credit (WOTC) and a rescinded job offer. It’s a long comment but worth a read. 

I was unwilling to complete the WOTC online form for an employer that extended an offer to me. The application they used generated a generic date of birth (DOB) for me even though I was checking the box that states I’m not under the age 40 (and if you’re under the age of 40, a generic DOB is entered). I did return completed forms since I was never guided on what else to do due to the glitch in the system they use. I do fall into at least one category as I do receive SNAP/EBT benefits and was unemployed for 4 months prior to the acceptance of the position.

The evening prior to my first day, I received a text from HR not come in since my WOTC form had not been ‘cleared’. The drug screening and everything else has been approved and onboarding paperwork was scheduled. Can they legally not hire me after an offer letter and all other things I have done? 

Those of us with no criminal record get passed up so companies that follow this WOTC policy and only hire those with sketchy pasts doesn’t allow the employer to get that hefty tax credit that can be as large as $9600 in many cases. The employer gets a huge payout and a subpar employee. Those of us with skills and no records who like to work get shoved aside. Same as hiring a person from another country and so on. Simple clarification as to why the U.S. is in the position it is in. Equal opportunity used to mean something. Now it is based on the dollar over your head and how the company will make money and pay lower wages and then file bankruptcy or whatever due to the business failing. Thank you.

First, I understand it’s frustrating to have a job offer rescinded. Especially the evening prior to your first day. I’m not able to address the reader’s comment about the job offer being rescinded because we don’t have enough information and I’m not a lawyer. That being said, I would like to share a couple of articles about the Work Opportunity Tax Credit (WOTC). 

The Work Opportunity Tax Credit program has been around since 1996. A while back, I interviewed Bonita Richardson, senior business consultant with ADP’s Tax Credit Services division about the WOTC. Whether you’re an organization or an individual, this article provides the basics about the program and how it works. 

I also found an article on the ADP website about the WOTC. It includes an FAQ asking about participation in the program. Here’s their answer: “The Work Opportunity Tax Credit is a voluntary program. As such, employers are not obligated to recruit WOTC-eligible applicants and job applicants don’t have to complete the WOTC eligibility questionnaire. Employers can still hire these individuals if they so choose but will not be able to claim the tax credit.” 

In my experience, I’ve never been asked to extend a job offer to an unqualified candidate for a tax credit. My understanding of the WOTC is that it’s not about hiring unqualified people. It’s about making sure organizations don’t exclude qualified people because they’re background might be different.

Organizations are focused on hiring the most qualified candidates. Having the best employees helps the organization reach its goals. Unfortunately, sometimes organizations rescind job offers for a variety of reasons. Some of those reasons have nothing to do with the candidate and their qualifications. 

Candidates who have their job offer rescinded have the right to be unhappy and frustrated. They made plans based on that job offer. And then it’s up to the candidate to figure out the best path forward for their professional career. 

Image captured by Sharlyn Lauby while exploring the Wynwood Art District in Miami, FL
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30/01/2025 – 12:03 /Sharlyn Lauby
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