In recruitment processes, once suitable candidates have been identified, it is common for companies to send them a job offer before the employment contract is signed. This communication usually sets out key terms such as the position, salary, working hours or estimated start date.
However, what happens if, before the contract is signed, the company decides not to formalise the hiring or even withdraw the offer?
The recent Judgment of the High Court of Justice of Murcia of 10 July 2025 sheds light on this issue. The decision analyses the limits and legal consequences of an employer’s withdrawal in the context of a pre-employment agreement or promise of employment.
The Common Practice of Preliminary Job Offers
In practice, job offers are often used as an initial commitment tool. They allow the company to confirm to the candidate its decision to bring them into the team, while the formal employment contract is usually signed on the first day of work.
Although these communications may appear merely informative, they can create legitimate expectations for the candidate. This is especially relevant where the candidate makes important decisions, such as resigning from another job or rejecting other employment opportunities, in reliance on the expectation that the new hiring will take place.
The Case Decided by the High Court of Justice of Murcia
The case analysed by the Court is particularly illustrative.
An employee who was working as a personnel control manager at another company responded to an offer published on InfoJobs for an administrative position. After several conversations with the company via WhatsApp, her incorporation was agreed, subject only to setting the specific start date, as this depended on her voluntary resignation from her previous role.
The employee submitted her resignation on 18 March 2022, trusting that she would start her new job the following week. However, on 24 March 2022, the company informed her that it would not ultimately hire her, as it had decided to appoint a family member to the position.
As a result, the employee filed a claim seeking more than EUR 12,000 in damages, in addition to EUR 6,250 for moral damages.
The Decision of the High Court of Justice
The High Court of Justice of Murcia held that the employee was entitled to compensation for the losses suffered. The key to the Court’s reasoning was the existence of a pre-employment agreement or promise of employment, arising from the exchange of communications between the parties.
According to the Court, those conversations created a legitimate and reasonable expectation of hiring. This generated an obligation for the company to act in good faith.
The unjustified withdrawal of the offer breached that principle of mutual trust and justified compensation for the damage caused.
Legal Nature of the Pre-Employment Agreement
Unlike the formal employment contract, the pre-employment agreement is not expressly regulated by the Spanish Workers’ Statute. Its legal treatment is based on principles of civil law, particularly contractual good faith and liability for damages in the event of breach.
This means that, even if the employment relationship has not yet begun, the offer and acceptance may create binding obligations where they show a clear commitment to hire.
Spanish case law follows this approach. It recognises that breach of a pre-employment agreement may give rise to compensation for damages, even where no effective employment relationship has existed.
Legal Risks for Companies
For companies, these situations may create significant legal and reputational risks.
Withdrawing a job offer once it has been accepted by the candidate, especially where the candidate has made decisions based on that offer, may be interpreted as a contractual breach or even as conduct contrary to good faith.
Courts assess not only the existence of a formal document, but also the facts and communications that evidence the company’s intention to hire.
For that reason, emails, WhatsApp messages or offer letters may serve as documentary evidence of the commitment assumed by the company.
The Importance of Pre-Contractual Good Faith
Good faith is the central principle governing any pre-contractual relationship. Both the company and the candidate must act with transparency, consistency and respect for the expectations created.
Where one party unilaterally breaks the commitment without justified cause, civil liability may arise.
In the business context, this may result in significant financial claims, as well as reputational harm caused by failing to honour a hiring commitment.
Prevention Strategies: Informative Clauses in Job Offers
The Court also identified a useful preventive measure for companies: including informative clauses in job offer communications.
These clauses should make clear that the offer does not constitute a final commitment to hire, but rather an expression of interest subject to the subsequent signing of the employment contract.
In this way, the company can protect itself legally against potential claims, provided that the wording is clear, accessible and does not create confusion or false expectations.
A model clause could read as follows:
“This communication is for information purposes only and does not constitute a binding commitment to hire. Any hiring shall remain subject to the subsequent signing of the employment contract and compliance with the company’s internal selection requirements.”
Civil, Not Employment, Liability
Since employment legislation does not specifically regulate pre-contractual job offers, liability arising from their breach falls within the scope of civil law.
This means that employment rights, such as seniority or social security contributions, do not arise. However, there may still be an obligation to compensate damages if it is proven that the candidate legitimately relied on the hiring.
Once again, the key lies in good faith and in the consistency between the company’s words and actions.
Pre-employment agreements and job offers at an advanced stage of the recruitment process can create real obligations for companies, especially where the communication with the candidate shows a clear commitment to hire.
At Suárez de Vivero, we help companies design secure recruitment processes, draft clear job offers and implement preventive strategies to avoid disputes arising from employer withdrawals or claims for damages.
Contact our team for specialised advice and to ensure the legal certainty of your recruitment and hiring processes.