• Go to page :
  • 1 2
  • Text Only
Voting History
rated:
Hi!

I am currently looking for a job and just signed an offer letter with company A last week. Today I got another offer from a company B which I would have definitely taken if I had got it before signing the offer letter with the other company. Company B is offering me significantly more money and a better job position. Is there any way I can say 'no' company A and take up the job that I really want to take up? Are there any legal consequences?

Thanks!

Member Summary
Most Recent Posts
I always thought the Emacipation Proclamation was issued in Sep 22nd 1863... and that Lincoln was killed April 15th 1865... (more)

Technologist (Mar. 21, 2012 @ 1:28p) |

Take the job which you think is better for you. If it means retracting your previous acceptance letter, then so be it. ... (more)

gtalum (Mar. 21, 2012 @ 1:33p) |

Go with company B. If corporation-people can layoff 10000 employee-people without hesitation; I do not see why reverse d... (more)

dtatha (Mar. 29, 2012 @ 6:18a) |

  • Also categorized in:
Thanks for visiting FatWallet.com. Join for free to remove this ad.

depends. What did the letter say? what state are you in? Have you work for, or received anything from, company A?

If you want to do it formally, most states have a 3-day contract rescission period. Or, alternatively, you can just not show up on your first day at Company A. No legal consequences that I can think of unless the papers you signed have some kind of a clause against you not showing up.

samiam68 said:   If you want to do it formally, most states have a 3-day contract rescission period. Or, alternatively, you can just not show up on your first day at Company A. No legal consequences that I can think of unless the papers you signed have some kind of a clause against you not showing up.
That may be legal but is a very poor way to handle this.
A simple phone call and or written note explaining your situation and your inability to join company A is the courteous thing to do (assuming there are no legal ramifications in the offer you formally accepted).

uutxs said:   samiam68 said:   If you want to do it formally, most states have a 3-day contract rescission period. Or, alternatively, you can just not show up on your first day at Company A. No legal consequences that I can think of unless the papers you signed have some kind of a clause against you not showing up.
That may be legal but is a very poor way to handle this.
A simple phone call and or written note explaining your situation and your inability to join company A is the courteous thing to do (assuming there are no legal ramifications in the offer you formally accepted).


To add to this, I'd explain that you received another offer for a significant amount more, and politely see if they can beat it with a counteroffer. Make it clear that you like their company, but you can't pass up the higher pay.

Al3xK said:   uutxs said:   samiam68 said:   If you want to do it formally, most states have a 3-day contract rescission period. Or, alternatively, you can just not show up on your first day at Company A. No legal consequences that I can think of unless the papers you signed have some kind of a clause against you not showing up.
That may be legal but is a very poor way to handle this.
A simple phone call and or written note explaining your situation and your inability to join company A is the courteous thing to do (assuming there are no legal ramifications in the offer you formally accepted).


To add to this, I'd explain that you received another offer for a significant amount more, and politely see if they can beat it with a counteroffer. Make it clear that you like their company, but you can't pass up the higher pay.


'Aye -- ideal thing to do under such scenario. But it appears OP also desires the 'better position' associated with 2nd offer.

As someone pointed out, I would call or write them an email to explain situation. If that does not work, hand them a letter of resignation as dictated by employer. Surely, there is nothing stopping you from doing that? Eventually they will get the message.

There's nothing like signing an offer letter and then telling them you want $10K more.

Tell it how it is. Inform them you've received another offer. If they can't meet the pay, go with the better offer.

Employment offers are emotionless transactions for the employer... Don't make it emotional for yourself, or you will always get the short end of the stick.

I live in VA. I looked at the offer letter and I don't see any clause regarding not showing up for work. I want to do this the right way too by informing company A about the better offer and the reason for not starting with them. Just wanted to make sure there were no legal ramnifications for my actions.

Thanks!

I doubt there's anything legal unless it's specifically in the contract, but I'm not a lawyer. When I was still a student, the college's career offer advised strongly against this saying it would hurt your reputation in the industry and the school's. I don't really buy that though, at least for my field (software).

Lincoln freed the slaves in 1865. You are free to accept another offer and leave any company you are with

Just tell them you cannot accept. Go with the the better offer. IANAL. IANAL ALL THE TIME.

I as in pretty much the same situation a short while ago. In my case, my offer letter had a line that said "<Blah blah> is an at will employer. The employer has the right to fire you, and you can quit, at any time whatsoever, for any reason whatsoever, with no notice whatsoever" ... if that's the case, you have no problems at all. I would suggest leaving on good terms though, as opposed to not showing up ..

I wouldn't tell Company A that you will stay if they match B's offer monetarily unless that is actually what you would want to do. Based on your reference to a "better job position" I take it that you just flat out prefer the second offer. If that's the case, just draft a short, professional email to the contact(s) at Company A thanking them for their time, consideration and offer of position X. Regretfully you will have to rescind your acceptance of that offer at this time, yada, yada.

Seriously, you haven't even started there yet. You're presumably not privy to any trade secrets of theirs, so unless this is a position in the NBA and you can dunk from the foul line, or you have some other wildly rare skill, I don't think they'll be overly crushed by the news. Disappointed, maybe, but they'll get over it. You can't list them as a reference down the road, but that's about the end of it.

I had a somewhat similar situation. An employer offer me a job which I accepted, but before I started they rescinded the job offer. I talked to a lawyer and he said that I could sue and win damages from the company. The amount of damages would be approximately one days work. (The logic being that this was "at will" employment and either side can terminate the agreement at anytime.) YMMV in another State.

samiam68 said:   If you want to do it formally, most states have a 3-day contract rescission period. Or, alternatively, you can just not show up on your first day at Company A. No legal consequences that I can think of unless the papers you signed have some kind of a clause against you not showing up.

Whatever you do, don't do this?

Send a hand written note on some good note cards and apologize that you will not be able to join the team at company A at this time. Explain why, don't explain why -- that's up to you.

Just do it as soon as possible, particularly before company A tells other applicants that the position has been filled.

Remember, anything can happen and you may want to work at company A again in the future -- maybe because the stuff hits the fan at company B in 6 months -- so don't alienate them.

The only situation I could see where you might have an issue is if you also signed a non-compete agreement and that other party is listed as a competitor. Otherwise just do the right thing and let the employer know right away that you changed your mind.

People come and go all the time. This is actually pretty common, employee accept an offer, then a better offer comes along and then they just end up never starting. They just typically tell the company that they're not starting and it's pretty obvious that a better offer probably came along. There's no point hitting company A up for more money, it's just a bad precedent to set.

The best though is when someone starts, then goes to lunch and never comes back because they don't like the job. I think the company still had to pay her and she sent her husband to come pick up her check.

I once had a friend receive a higher position at another company as a manager. Between quitting our place and starting at the new place, she reviewed her CV to factor in the new position and somehow managed to get an even higher position again. She skipped 2 levels on the management ladder from one job to the next. Might be a bit unethical but I'm sure that with the big payrise she managed to buy herself something to make the guilt go away!!!

As a hiring manager, I would hope for some sort of notification as quickly as possible so I could resume the search for another qualified candidate. Call HR and just let them know about your situation ASAP and move on.

I had the exact same situation happen to me 5 years ago. I emailed the HR rep at Company A because I couldn't get a hold of her on the phone. Just a quick, honest note explaining that I had accepted another job offer. I'm still at Company B. I even received a paycheck from Company A after 2 weeks (obviously I didn't deposit it).

I think if something bad happened at Company A (or B for that matter) they wouldn't hesitate to lay you off to be able to continue operations. They will always look out for their best interest, and you should do the same for yourself.

If you are in Northern VA this happens 1000 times a day. I typically hire a couple dozen people each year for my company and this happens all the time. My advice is to just be honest. Tell them specifically that you got a counter offer from another company, the pay is X dollars more, they offered Y position, and ask what they can do, if anything. If they can and they want you, they will make you a better offer. If they can't, they won't.

A couple words of advice before you make the jump. First, be 100% certain the second job is locked in. It might me a fishing expedition by HR and they may have sent that same offer to 10 people for 1 position. Talk to them, explain that you already have an offer locked in from someone else and make it very clear you're willing to give that up to take their offer, but you want a guarantee the job is actually yours. Second, in general terms, don't be a douche. This is a smaller market than you might think and words does travel about jerks. We've had plenty of people I can think of who simply didn't show up on start day, only to find out they took another job and didn't even bother to call. Also, don't make it an auction for your services - you aren't that valuable in most cases. It's OK to say "I have this offer, what can you do?", but the 5th time you came back and say "Well I told them about your latest offer, and they upped it again, what's your counter?", you might just get the boot from both companies. And lastly, whatever you do, be honest and courteous to the HR folks. They tend to move around from company to company, as do a lot of other employees. It would suck to run into them down the road when you need a job and be remembered as "that guy".

henry33 said:   People come and go all the time. This is actually pretty common, employee accept an offer, then a better offer comes along and then they just end up never starting. They just typically tell the company that they're not starting and it's pretty obvious that a better offer probably came along. There's no point hitting company A up for more money, it's just a bad precedent to set.

The best though is when someone starts, then goes to lunch and never comes back because they don't like the job. I think the company still had to pay her and she sent her husband to come pick up her check.


Maybe you owe the money, technically, but I'll be damned if I would have released the check to anyone but her. Her husband could have stood there all day, he wouldn't have left with the check. I would have made her come in person and done the walk of shame so I could put it in her spineless little hand. Odd are she would never show, and if she did, the look on her face would have been worth paying out the money.

As already noted, tell company A you got a better offer. Whether you do that for leverage or simple courtesy is up to you.

OR, if you can work from home, keep both jobs!

drodge said:   If you are in Northern VA this happens 1000 times a day. I typically hire a couple dozen people each year for my company and this happens all the time. My advice is to just be honest. Tell them specifically that you got a counter offer from another company, the pay is X dollars more, they offered Y position, and ask what they can do, if anything. If they can and they want you, they will make you a better offer. If they can't, they won't.

A couple words of advice before you make the jump. First, be 100% certain the second job is locked in. It might me a fishing expedition by HR and they may have sent that same offer to 10 people for 1 position. Talk to them, explain that you already have an offer locked in from someone else and make it very clear you're willing to give that up to take their offer, but you want a guarantee the job is actually yours. Second, in general terms, don't be a douche. This is a smaller market than you might think and words does travel about jerks. We've had plenty of people I can think of who simply didn't show up on start day, only to find out they took another job and didn't even bother to call. Also, don't make it an auction for your services - you aren't that valuable in most cases. It's OK to say "I have this offer, what can you do?", but the 5th time you came back and say "Well I told them about your latest offer, and they upped it again, what's your counter?", you might just get the boot from both companies. And lastly, whatever you do, be honest and courteous to the HR folks. They tend to move around from company to company, as do a lot of other employees. It would suck to run into them down the road when you need a job and be remembered as "that guy".


second that. especially the auction part. i had made an offer in a previous job and the candidate did this ("I'm really like this job, but they're offering me X more"), I actually went to the well and beat the counter. When he came back a 2nd time with the same thing, I rescinded the offer. Turns out, the other offer was made by someone I used to work with, and he was pulling the same trick with him. They also ended up rescinding their offer.

even though i know it's not a good thing to revel in this type of stuff, but the schadenfreude was sweet when his recruiter called me on Sunday morning saying "He's really excited at the opportunity and he's ready to come in at the original offer amount". to this day, if this candidate's name ever came up in conversation, i'd inevitably rehash this story. think it's probably costed him a few offers along the way.

oh, and the 2nd time he came back for a counter, it was for a difference of $6k. really not worth it.

Although the law varies from state to state, I am fairly confident that slavery and/or indentured servitude have been outlawed in your jurisdiction.

IANYL

Don't know how many times I've heard so and so was going to start work but he/she is not coming anymore.

Just call the HR contact and say it like it is....decided to join another company, thanks for your consideration.... Plus if your field is a small one, then directly email the manager who hired you with something similar. Afterall, you guys might meet again.

No one will get mad at you, the company will simply continue posting the job again ... Same as before they gave you the offer. No big deal.

As an employer, I would want the honest truth if a person signed with us but then received a better offer and decided to take the other offer. It would not offend me at all. I would dread having to start interviewing again, but that's about it.

I don't know about others, but we do not look for blind loyalty, we look for professionalism. We expect employees to look out for their own best interest.

I had this situation about 5 years ago. I got an offer from company A, I think it was around 78k, and then company B came with with 96k. But I signed company A's offer already, and basically had to call and let them down easy. They were not happy but you have to pay and offer more to get people you want. That's the business and trust me, Company A knows it.

Oh, and Company B was not playing fair either, because they asked me to come in for an interview even through I said to the agent that I already signed another offer.

OH.. and I wasn't playing fair either, because not only did I go for that Company B interview, I took their job as well.

RareWS6 said:   I had this situation about 5 years ago. I got an offer from company A, I think it was around 78k, and then company B came with with 96k. But I signed company A's offer already, and basically had to call and let them down easy. They were not happy but you have to pay and offer more to get people you want. That's the business and trust me, Company A knows it.

Oh, and Company B was not playing fair either, because they asked me to come in for an interview even through I said to the agent that I already signed another offer.

OH.. and I wasn't playing fair either, because not only did I go for that Company B interview, I took their job as well.
404 not playing fair not found

Add me to the list of people who have gone with the second offer.

I felt really bad about it at the time, because Company A (the company I "stood up") had kind of made a position for me - they didn't really have any vacancies, but I had let it be known through a friend that worked there that I really wanted to move on from where I was working at the time. But they had figured out a place they could fit me in, and we had agreed on salary and a start date, when Company B came along and offered me essentially my dream job - with better money, better terms, and a more attractive city to live in. There was no way I could say no.

There are two ironic twists, though. Drodge's scenario played out at Company B - they HAD offered the "dream job" to another person, but that person was dragging their heels getting back to them and they'd assumed the answer was no - and offered the same job to me because they were in a hurry to get it filled. Right after I accepted, that person called back and accepted as well. So Company B also ended up reactivating a different, decidedly less dreamy position for me (in a different, more boring city) that they hadn't intended to fill - after I got a fun phone call that started "Um, have you already given notice at your current job?" After about three months, they shifted me to what turned out to be an awesome job, but those were some nail-biting days.

Company A was pretty pointed in its annoyance that I ended up turning them down, but did not hold a grudge; in fact, I subsequently got recruiting calls from two other branches of Company A. I'm still with Company B and it has since bought Company A.

just make sure u dont burn both bridges if you are going with B and dangling that offer in front of A to make them give you potentially more.

Let us know what you decide. I read tons of posts for advice and OPs never return to give us the details on what happened.

drodge said:   henry33 said:   People come and go all the time. This is actually pretty common, employee accept an offer, then a better offer comes along and then they just end up never starting. They just typically tell the company that they're not starting and it's pretty obvious that a better offer probably came along. There's no point hitting company A up for more money, it's just a bad precedent to set.

The best though is when someone starts, then goes to lunch and never comes back because they don't like the job. I think the company still had to pay her and she sent her husband to come pick up her check.


Maybe you owe the money, technically, but I'll be damned if I would have released the check to anyone but her. Her husband could have stood there all day, he wouldn't have left with the check. I would have made her come in person and done the walk of shame so I could put it in her spineless little hand. Odd are she would never show, and if she did, the look on her face would have been worth paying out the money.


It was that type of firm that tended to have high turnover in that position so the HR person didn't really care. Check was probably left at the front desk with her name and husband came and picked it up. They probably would have mailed it if the husband didn't come by to pick it up. Just a state law that says you have to pay people for the hours they worked even if it was only a half a day. It's too small a matter to them to even think about it. At the time I remember hearing that the new person had been out to lunch for a couple of hours which wasn't good for a new hire. The next day I found out that they quit after going to lunch. Another one was when it was a secretarial position and she didn't realize she had to answer the phone. But that one took a few days.

This is getting interesting!

Henry, sounds like a very interesting HR department to work in haha

Signing a job acceptance letter is not like signing apartment lease? right.

skooba said:   I think if something bad happened at Company A (or B for that matter) they wouldn't hesitate to lay you off to be able to continue operations. They will always look out for their best interest, and you should do the same for yourself.That's a good point... I've had friends/acquaintances have an accepted job offer revoked because of a downturn at the company.

psm321 said:   That's a good point... I've had friends/acquaintances have an accepted job offer revoked because of a downturn at the company.I have seen another company call someone on the Friday before their Monday start date to rescind the offer. Luckily for him, we liked him and he was a great software developer, so we kept him on until he found something else.

I was working at another company that hired someone with full knowledge of their prior wedding and honeymoon plans. Hired him two weeks before his wedding/honeymoon. Crtical investor funding was lost and he was let go the day he got back with no severance. Severance is not required in my state and the company policy was no severance if less than six months of employment. No amount of screaming at the HR department, would get them to relent and at least give the poor guy two weeks of severance.

So someone should never feel bad about not joining a company after accepting their offer. However, as has been said, be courteous and professional and notify them. Remember, whatever industry you are in, it is never that big that you won't cross paths with individuals involved. A lesson that I didn't learn early enough to save me heartache years later from my intemperate behavior. A couple of scathing resignation letters come to mind.

mikef07 said:   Lincoln freed the slaves in 1865. You are free to accept another offer and leave any company you are with

I always thought the Emacipation Proclamation was issued in Sep 22nd 1863... and that Lincoln was killed April 15th 1865 (easy to remember because it's tax day). And it took effect Jan 1 1863.

* I never thought a financial discussion would DENIGRATE into a history lesson...

Back on Topic.

To OP: It is considered bad form to accept, then decline a job offer (or worse not show up to work). Before you burn that bridge, be sure you NEVER want to work for the company you are about to ditch. Corporate memory can be long, so even 20 years from now you may not be considered for a position.

That said, I agree with most others: Let company A know you are reconsidering your acceptance, because you got a better (monetary) offer from company B. Ask if they can match offer.

or Don't... Accept from Company B, then IMMEDIATELY contact Company A, tell them your situation has changed and that "while you appreciate the offer, you will not be joining their company at this time", and wish them luck with their renewed search for a candidate.

Oh, and I just reread the entire thread. In the area you are in, you have to be real careful. Tight knit groups of people there, and you may "meet" someone for the first time 5 years from now and they will know EVERYTHING about this fiasco, if you let it turn into 1. If you screw this up, You may end up being the poster child for "how to ruin your career"... ie, the guy that had a job offer, accepted, got another, accepted, lost both after pissing everyone off and became DC Sniper Jr.

Skipping 2 Messages...
Go with company B. If corporation-people can layoff 10000 employee-people without hesitation; I do not see why reverse direction needs to have a humane component



Disclaimer: By providing links to other sites, FatWallet.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to FatWallet.com.

Thanks for visiting FatWallet.com. Join for free to remove this ad.

TRUSTe online privacy certification

While FatWallet makes every effort to post correct information, offers are subject to change without notice.
Some exclusions may apply based upon merchant policies.
© 1999-2014