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A Kiplinger column details a physician who resigned his existing job based on an expected locum tenens position that was never formally offered, leaving him unemployed. Employment attorney Jay Rosenlieb says no deal exists until a written offer is signed by both parties. The case is a cautionary example for anyone resigning before a signed offer is in hand.
A physician in his 70s resigned from his existing medical position after a credentialing approval led him to believe a new job was secured — only to be told one week later that the clinic “cannot move forward” with his employment, according to a Kiplinger personal finance column. The case, reviewed by labor and employment attorney Jay Rosenlieb, illustrates a warning employment lawyers repeat consistently: until a written offer is signed by both the employer and the employee, no legally binding deal exists.
According to the column, the physician — identified only as “Dr. Mark” — was approached by a locum tenens company, which places healthcare providers in temporary positions. He interviewed with the clinic’s medical director, who the doctor said indicated he would be happy to have him join. He then completed a credentialing process and received a confirmation letter stating the hiring committee had approved his status as a participating provider.
However, as the column notes, none of the communications from the company specifically stated he was being offered a job. Relying on his expectation of the position, and citing restrictions on outside employment, Dr. Mark resigned from his current role. One week later, the clinic informed him: “Leadership has pushed back, and we cannot move forward with your employment.” No specific reason was given, and his former employer refused to rehire him.
Rosenlieb, a Southern California labor and employment attorney, told the column that a valid offer must be in writing and specify a rate of pay, a work location, and a start date, and may be conditioned on passing a physical, drug screen, credit check, or background check. “Until you’ve got a job offer signed by the employer, and you’ve also signed it and sent it back, there is no deal,” Rosenlieb said.
The Real Cost of Assuming an Offer
The case matters because it shows how easily intermediate signals — a friendly interview, a credentialing approval, encouraging correspondence — can be mistaken for a job offer. Credentialing approval confirms a provider qualifies to work; it is not, by itself, an employment contract. Dr. Mark’s reliance on that approval cost him his existing income with no fallback position, since his former employer declined to take him back.
It also matters legally. Rosenlieb noted that an unsigned prospective employer can generally withdraw without liability if it has followed recommended documentation practices. The doctor asked whether his reliance creates potential damage claims; the attorney’s assessment suggested that framing himself as a victim of the process “is not going to fly.”
How the Dispute Reached Attorneys
In early September, according to the column, emails with an attached letter were sent to a number of civil attorneys in a midsize West Coast city, with the subject line “Possible Employment Discrimination/Withdrawal of Employment after Credentialing Approval.” The letter sought legal counsel regarding the lost position.
Dr. Mark wrote that he suspected age discrimination, ethnicity discrimination or another reason behind the withdrawal, while acknowledging he had “no proof.” The column noted that his ethnicity is not part of a legally protected class. The column also reported, based on the author’s prior knowledge of the doctor, a history of workplace conflicts, including disputes with nursing staff at a teaching hospital, though it stated there was no way to know what, if anything, the clinic’s background investigation turned up.
“Until you’ve got a job offer signed by the employer, and you’ve also signed it and sent it back, there is no deal.”
— Jay Rosenlieb, Southern California labor and employment attorney, to Kiplinger
Unanswered Questions in the Case
Several things remain unknown. The clinic gave no specific reason for withdrawing from the process, and the column reported no evidence about what the background investigation, if any, revealed. Dr. Mark’s discrimination claims are explicitly speculative — he stated he had “no proof” — and the column noted his ethnicity is not a protected class. It is unclear whether any attorney has agreed to take the case, and whether Dr. Mark has found new employment since. The account of his workplace history comes from the column’s author and is presented as personal knowledge rather than verified reporting.
Practical Steps Before Resigning
Based on Rosenlieb’s guidance, workers should wait for a written offer that names the pay rate, location, and start date, and that states any contingencies such as background checks, drug screens, physicals, or credit checks — then sign and return it before giving notice. Rosenlieb also flagged that several states have passed Fair Chance Acts regulating how criminal background checks can be used in hiring, which both employers and applicants should understand. For Dr. Mark, the immediate question is whether any attorney will pursue his claims; on the evidence presented, the column and its legal source suggest his options are limited.
Key Questions
Is a credentialing approval the same as a job offer?
No. According to the Kiplinger case, credentialing approval confirmed the doctor’s status as a participating provider, but the company never specifically stated he was being offered a job. Approval of qualifications is not an employment contract.
Can an employer withdraw a job before an offer is signed?
Yes, generally. Attorney Jay Rosenlieb said an offer can be withdrawn with no liability to the prospective employer if the employer has followed standard written-offer practices and the candidate has not yet signed and returned an offer.
What should a valid written offer contain?
Rosenlieb said an offer should state a specific rate of pay, a specific location, and a specific start date, and list any conditions such as passing a physical, drug screen, credit check, or background check.
Did the doctor have a viable discrimination claim?
It is unclear and unproven. He admitted he had no proof, and the column noted his ethnicity is not part of a legally protected class. No legal outcome is reported.
What is a locum tenens company?
A locum tenens company in healthcare places providers who temporarily fill in for other healthcare professionals, as described in the Kiplinger column.
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