Declining Job Offer after Accepting The Contract

summithunter on 12/12/2023 - 20:04

I've been exploring new career opportunities and successfully secured a position with employer 1, which I initially accepted. Subsequently, I interviewed with employer 2 and was also offered a position. Despite a slightly lower remuneration, I believe joining employer 2 will provide me with a chance to diversify my skillset.

I'm now faced with the task of informing employer 1 about my decision not to proceed with them. I'm concerned about potential legal implications and whether this could be considered a breach of contract, leading to the possibility of the company pursuing legal action for damages. What would be the best way to communicate my decision to employer 1 while minimizing any potential legal risks?

Education & Work

Comments

  • CodeXD on 12/12/2023 - 20:12
    +8

    I'm concerned about potential legal implications and whether this could be considered a breach of contract

    Have you signed the contract? What does it say?

    • HeWhoKnows on 13/12/2023 - 07:30
      +4

      Whilst signing the contract, if OP has not commenced work at employer 1 then the contract hasn't been "effected."

      i.e If 14 days notice is required to terminate employment its a rather moot point.

      OP should just do the right thing by employer 1 and tell them ASAP so they can engage "applicant 2"

  • Gunnar on 12/12/2023 - 20:13
    +5

    What does your contract say? That’s the best way to know of what your obligations are in this situation

    Anecdotally, though although most would be very annoyed,
    They’re not likely to take legal action because you’re not worth the effort/costs of legal action

  • autolux on 12/12/2023 - 20:14
    +2

    do what you want… either make up some bs like your whole family just died, or be straightup. in the end, doesnt matter, you haven't started anything…

    things like this used to matter, but if you haven't noticed the level of workers rights & remuneration atm is at an all-time low with the employer class & govt shattering us six ways from sunday. they don't care about you either.

    • jv on 12/12/2023 - 22:32
      +1

      in the end, doesnt matter, you haven't started anything…

      It matters if you have signed a contract.

      • richadam on 13/12/2023 - 12:18

        Which most likely includes a probation time, where both parties can walk away without much reason. I have never signed a job that hasn't had at least 3/6 months of probation.

        • jv on 13/12/2023 - 12:41
          -4

          Which most likely includes a probation time

          Does it in this instance though?

          • try2bhelpful on 13/12/2023 - 12:51
            +5

            @jv: Give it a rest jv. There would only be very specific instances where this person can’t turn down the offer at this point with no penalty apart from a somewhat tarnished reputation. Frankly you just like to be a nuisance in most of your posts. Go back to attempts at jokes.

            • jv on 13/12/2023 - 12:55
              -2

              @try2bhelpful:

              Give it a rest jv

              Not tired.

              I slept well last night.

              • try2bhelpful on 13/12/2023 - 13:18
                +1

                @jv: “It” a rest, not you. However, the joke is certainly tired.

  • garetz on 12/12/2023 - 20:26
    +6

    You man up and say your circumstances have changed and you can no longer proceed with the contracted work you accepted. Unfortunately i have received another offer more suited to my needs for both remuneration and skillset.

    What can they do ? Enforce you to work, slavery no longer is acceptable in this day and age.

    You simply ask to rescind the contract. You probably have a cooling off period as well.

    • jv on 12/12/2023 - 22:32
      -3

      What can they do ?

      Sue you for costs.

      You probably have a cooling off period as well.

      Or not… depends what the contract says.

      • gakko on 13/12/2023 - 08:55
        +1

        It also depends on what the legislation says about employment contracts. It might stipulate a cooling off period. If so, even if the contract doesnt mention or specifically says there isnt one, you still have it.

        • jv on 13/12/2023 - 09:07
          -2

          It also depends on what the legislation says about employment contracts

          What does it say?

          • gakko on 13/12/2023 - 11:27

            @jv: I only look at that stuff if it relates to my own situation.

            • jv on 13/12/2023 - 11:34
              -1

              @gakko: That sounds a bit selfish.

              • gakko on 13/12/2023 - 14:13
                +2

                @jv: Guilty as charged

  • ESEMCE on 12/12/2023 - 20:31
    +4

    Worst case you have to give them notice per the contract you signed.
    Can't see them wanting to do that though, as they'd have to pay you for the notice period and invest time into training you so you can do something in that time.

    • jv on 12/12/2023 - 22:33

      and invest time into training you

      I doubt they would train you…

  • sumyungguy on 12/12/2023 - 20:33
    +3

    You're an employee, they pay you - not the other way around. If you withdraw from an employment agreement, they no longer have to pay you. Simply advise them via courteous email. This is happening all the time.

    • jv on 12/12/2023 - 22:34

      If you withdraw from an employment agreement, they no longer have to pay you.

      You may be required to give notice according to the contract.

      • try2bhelpful on 13/12/2023 - 00:04
        +2

        If they’ve signed a contract. It is generally four weeks notice. I don’t think an employer will want someone to walk in the door and give four weeks notice.

        • jv on 13/12/2023 - 00:05
          +1

          It is generally four weeks notice

          might be, might not…

          • try2bhelpful on 13/12/2023 - 00:05

            @jv: True, but it generally is.

            • jv on 13/12/2023 - 00:07
              +1

              @try2bhelpful: Could be… but they need to read the contract they signed…

              • try2bhelpful on 13/12/2023 - 00:14

                @jv: Yup they do. However most professional employment contracts tend to be four weeks notice. Also an employer would prefer someone doesn’t start rather than walk in the door and say here is my notice.

  • bargaino on 12/12/2023 - 20:46
    +1

    Has money changed hands?
    Yes you are breaking a contract, and in theory liable for costs. But how much can that be? A couple thousand for finding a replacement?
    They are very unlikely to sue you for that.
    Or have they been scouring the globe for a new CEO, and you were the choice?

    • Qazxswec on 12/12/2023 - 20:55
      +8

      Maybe OP has a very particular set of skills, skills they've acquired over a very long career, skills that make replacing him/her a nightmare for employers like them

      • Nugs on 13/12/2023 - 07:18

        "OP has a very particular set of skills, skills they've acquired over a very long career"
        Liam Neeson in Taken?
        .

        • Qazxswec on 13/12/2023 - 07:37
          +2

          If you upvote my comment now, that will be the end of it, i will not look for you, i will not pursue you, but if you don't, i will look for you, i will find you, and i will downvote you

    • jv on 12/12/2023 - 22:34
      -4

      They are very unlikely to sue you for that.

      You never know………..

  • Drakesy on 12/12/2023 - 21:22

    go back to the employer you want and ask for more money?
    Then turn them down.

  • thatonethere on 12/12/2023 - 21:22
    +2

    They will be a little annoyed but they will want someone who actually wants to work for them

    • jv on 12/12/2023 - 22:35
      -2

      and then, they can sue you to recover their cost.

      • try2bhelpful on 13/12/2023 - 00:05

        But they won’t.

      • Hardlyworkin on 13/12/2023 - 06:29
        +1

        You could get a job writing news.com headlines!

  • Dollar General on 12/12/2023 - 21:40
    +7

    Happens more often than you think so don’t stress it and just let the employer know.

    Your contract would have a probationary period where either party can give limited notice anyway so there’s no legal recourse the employer can take

  • hasher22 on 12/12/2023 - 22:58

    I assumed you haven't signed the contract and sent it off to employer 1 base on your thread. If not, then you're all good and just say to employer 1 you're no longer interested.

    If you signed and sent it off, still contact them to withdraw the offer as they may not even filed your details yet, if worst case scenario happens, you will/may pay the probation period notice which is normally 1 week.

  • onetwothreefour on 13/12/2023 - 05:55
    +1

    Start working with them then on day one take a dump on the CEO's desk, they will fire you and you can then go to work for the other company.

  • apple2016 on 13/12/2023 - 08:10

    Just ask chatgpt.

  • Benno007 on 13/12/2023 - 08:12
    +1

    I did this once before. I had applied for a few jobs and got interviewed by both around the same time. I had signed their contract but hadn’t started yet.

    One required a background check which took a while. I wasn’t confident I’d get the job, so I accepted the first role. Two weeks later I was then offered more money at the role that I really wanted after background check cleared.

    I emailed them apologising profusely that I had been offered another job that aligned better with what I wanted to do and thanked them for their time, and referred other people to their open role who I thought would be a good fit

  • tabitha731 on 13/12/2023 - 08:42
    +3

    i have been in your situation before, i accepted the first job, but preferred another offer that came later. I just started my job one, and handed in my resignation at the end of the day ( i had to give 2 weeks notice) so I told offer 2 that I had to give 4 weeks notice, so i can take a bit of a break before starting the new job. Unless job 2 needs u to start sooner than the 4 weeks notice… I say just suck it up and start in job 1, milk it for the pay you get and then jump ship to job 2

  • narbe on 13/12/2023 - 09:25

    probation period usually 6 months . Either way polite email would suffice.

  • SlickMick on 13/12/2023 - 10:10

    Recruiters deal with it every day: when people are looking for work there is a good chance they'll get multiple offers.
    I've seen people actually start and just not come back for day 2.

    I went through this when leaving my first job, and the employer I was reneging on totally understood.
    My brother-in-law recently had 2 companies trying to outbid each other, and again it ended civilly.

    Just explain the situation and keep a good relationship - you never know whether you might change your mind after one day with the other company.

    Good position to be in. Enjoy it, don't stress.

  • azero on 13/12/2023 - 10:31
    +1

    It isn't a nice thing, but I had to do that once to a big bank.

    Told them I am not coming anymore after signing the contract - they didn't care.

    In fact they were so dysfunctional that they paid my salary for 3 months even though I didn't start. Salary went to a bank account that I opened with them but the id verification wasn't done so it had bounced. But they paid me super and sent the details to ATO as well. When the ATO prefill showed 2 incomes that is how I realized that they were paying me.

    Had to spend weeks for them to correct it and inform ATO that I didnt work 2 fulltime jobs.

  • brad1-8tsi on 13/12/2023 - 18:57

    If you haven't started then all you have to say is "Sorry but I've changed my mind and won't be commencing employment with you". No reason needed.

    It happens all the time in a hot job market.

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