Job Acceptance
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I have recently signed a job offer, but now I have second thoughts. Does anybody know how legally binding this would be? Could the company sue me for backing out of the offer?
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Let's just look into my magic crystal to see in which country you live and/or which state to see which laws apply[/sarcasm]
In the meantime, you Just look in the bloody contract you just signed and the employment laws of your country. Sheesh.
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Don't most countries have the concept of a 'probationary period' whereby either side can terminate the contract for any reason? The UK does, the US appears to.
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@PJH said:
Don't most countries have the concept of a 'probationary period' whereby either side can terminate the contract for any reason? The UK does, the US appears to.
I can't even remember the last time I saw an employment agreement that didn't contain the words 'at will employment'...
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@arty said:
@PJH said:
I can't remember the last time I saw an employment agreement that did contain the words 'at will employment.'Don't most countries have the concept of a 'probationary period' whereby either side can terminate the contract for any reason? The UK does, the US appears to.
I can't even remember the last time I saw an employment agreement that didn't contain the words 'at will employment'...
And on US employment specifically, there would appear to be exceptions.
None of which apply to the concept I originally posted - 'probationary period' typically only applies to the first 1-3 months of employment - after that the contract is subject to 'normal' rules (including the 'at will employment' mentioned above.)
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Legally binding, schmegally schminding (that looks worse than it sounds).
As others have stated, it depends on laws in your particular jurisdiction, but even if it IS a legally binding "contract", what possible gain would the company expect to reap by suing you?
1. If you decide you don't want them they CERTAINLY don't want you working there, so they wouldn't sue for enforcement.
2. I'm guessing, but there's a 99% chance that you're just an average IT schlub like the rest of us and don't have mounds of easily attached wealth, so they wouldn't sue for damages. (Even IF they did, and even IF they got a judgement in their favor, there's still the matter of collection).
I'd just write them a very nicely worded, professional letter explaining that you've had a change of heart and feel it would be in both parties' best interest not to persue the arrangement, etc. etc.
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@ZhuDeping said:
I have recently signed a job offer, but now I have second thoughts. Does anybody know how legally binding this would be? Could the company sue me for backing out of the offer?
It depends a lot on local laws. IIRC, though, around here a contract is usually just a signed piece of paper until something of value ("consideration") is exchanged. For instance, if they gave you a signing bonus or something, then they probably have you. An employment agreement probably doesn't mean much til they pay you or you go to work, though. Even if it is legally binding in your area, you could easily claim that the company hasn't suffered any real damage by your backing out of the offer if they haven't paid you yet, and if you haven't seen any of their confidential/proprietary information.
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People back out of signed employment contracts all the time. The company won't do anything to you. The hiring manager will probably complain for a couple minutes then get over it. This is common practice in companies here in the US.
