. . .can an employer do this?. . .

[wurm]

While the situation certainly stinks, I can't imagine he'd be happy forcing them to go through with employing him and then ending up working in a place where he knows they really don't want him there. It's the same reason why I think being in a situation where "they can't fire me" (many union jobs come to mind) must actually be a miserable way to spend the work day.