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Not starting a new job after signing a contract


AstonMartin82

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Does anyone have any experience on this?

 

I have accepted and signed a contract for a new job which I was genuinely very excited about. The problem is that during my 3 month notice period my current workplace have been working very hard in getting me to stay. I've rebuffed many offers though now it's got to a place where I simply can't refuse. I'll be made head of a department in a huge company that is going places, along with loads of benefits. It is a position which will propel my career forward, is a genuinely very exciting job and is an opportunity I simply can't refuse.

 

So, all good!! Other than this potentially very awkward conversation I'm going to be having next week!

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Quick google and there's lots of links but it appears (after finding and posting links before quickly editing :)) that the devil is in the detail of the contract. All the best with it but it might be that the best thing you can do is visit the Citizen's Advice Bureau.  

Edited by trekka
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Get some legal advice (your house insurance may include some) or contact CAB.

 

Assuming you are in England and Wales, then there has been no consideration at this point. Unless reputation is an issue in your field I wouldn't worry about it and just tell them you've changed your mind.

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I've been in a similar situation but hadn't signed anything.

Got pushed into verbally agreeing by a recruitment guy.

The phone conversation with what was going to be my boss was pretty bad. When i told him he swore down the phone and told me to enjoy working in fast food the rest of my life(it would have been my first job since graduating).

If you've signed I guess its a bit different from a legal front, I can confirm the conversation will probably not be much fun though.

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I doubt your prospective employer will take any action because it isn't worth the hassle. However it will cause you to have a bad rep especially if the industry is quite close knit. You would risk future job prospects if you do it. I've hired people who have turned round and changed their mind after signing a contract. Would never hire them again and I made sure other companies knew if too. It's pretty bad form. Never sign a contract until you are sure and at least give your current employer time to counter offer.

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Like limpid said legal advice is by far and away the best cause of action. There may be stipulations in the contract you have signed. Not just home insurance, you may have legal cover through your current employee, if you are a landlord etc. Check everything. If not CAB will be very helpful

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You've nothing to worry about other than possible reputation damage depending on your industry but that is fairly unlikely.

 

Theoretically they could take you to court but it won't happen, it never does.

 

I would just inform them as soon as possible and get it done.

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Yeah, I'm not overly concerned around the legal aspect of it all... it's simply not in anyones interests to go down that route so I don't see that happening at all, though in the very small chance it does then it'll simply end up with me having to pay for either their recruitment costs for a replacement or the notice period of the job. Either way I'll get the costs covered in my new contract from my current company so no problem there.

 

Ideally I would like to leave this other place with good relations intact though I know that will be very tough. I've thought about many ways of potentially approaching the subject with them but as always honesty is the best policy so this is what I will do. I know that if they were in my position they would do the same so I just need to be able to deliver that message as carefully and thoughtfully as possible.

 

I signed the contract with 100% intention of joining and they have been headhunting me and negotiating with me for around 15 months so I didn't enter it lightly at all. Sometimes no matter how careful and considerate you are around situations there is just no telling what is around the corner which can drastically change peoples circumstances.

 

If it all goes sour then that is a shame though worse things have happened and worse things will happen again in the near future. As to the potential damage to my reputation then it will grow more with the new job and title then it will be damaged by declining a job.

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Under an ancient bylaw, your new employers have the right to execute you.

But only if the execution takes place within the grounds of Chester cathedral and is performed with a longbow between the hours of midnight and three A.M.

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Despite being hugely out of favour in these times, I've found that Honesty usually works and act timely, if you don't mess them about and you are as open and honest as possible then any reaction should be a little less extreme, then even if they get nasty, you can always point to the fact you acted honourably (yes I know another very out of fashion idea), anyhow who ever got hurt or injured by an awkward conversation.

Edited by mockingbird_franklin
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Yes, just be open and honest. Explain the situation and apologise for wasting their time. It happens more often than you'd think, and in reality there isn't much they can do about it, even if they wanted to, which they probably won't.

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Absolutely... at the end of the day all I have done is waste their time - they haven't incurred any monetary expenses by me changing my mind. Also, they were willing to wait nearly a year and a half to get to me to join so this suggests that the position I was filling isn't time sensitive.

 

I think the biggest mistake here was signing the new contract only a month after handing in my notice. I should have signed the contract a few days before starting the new job giving my current workplace more time to counter offer without putting me in an awkward position. However, I couldn't see my current workplace shifting their stance so much and I was totally comitted to joining the new company. I'll just have to put this down to experience.

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Just to be clear. There is no contract until there has been consideration. It makes no difference whether you've signed it or not. Until they've paid you something the contract isn't formed.

I'm surprised we have no legal types. This is pretty basic, but check with CAB or a solicitor if you want to be sure.

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