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Author not taking job offer
Mike Smith

2007-02-16, 7:00 pm

Hi,
I have been impressed by the level of discussion in this group. So, here is
my
big question. I know that you are not giving me legal advice. I want
stories from the trenches.

I got a job offer two ws ago, wrote my written acceptance to the offer,
and was suppose to start next w.
Yesterday, I got another offer, which is better.
How do I go about backing out of the first offer? I could offer to go work
two w on the other job but give my notice as soon as I start, but I doubt
that I could do anything worthwhile in two ws.
The first offer did not offer me any starting bonus or cash advances, and
they can terminate my employment at any time, so I suppose I can quit giving
a two w notice, the two w customary period.
I suppose that they could try to sue me for cost incurred in finding a
replacement, but it is not as if I cannot quit either.
How do I handle this delicate negotiation?

Are there any HR folks in the audience? How often does this occur?














Todd H.

2007-02-16, 7:00 pm

"Mike Smith" <mikesmith@hotmail.com> writes:

> Hi,
> I have been impressed by the level of discussion in this group. So, here is
> my
> big question. I know that you are not giving me legal advice. I want
> stories from the trenches.
>
> I got a job offer two ws ago, wrote my written acceptance to the offer,
> and was suppose to start next w.
> Yesterday, I got another offer, which is better.


> Are there any HR folks in the audience? How often does this occur?


Pure speculation from being in the corporate world for a couple
decades, but I'd have to think it happens quite frequently.
Furthermore, I think there's little an employer can do about it. It
really wouldn't be in their interest to go suing folks they were
hoping to be their employees either. If I had to guess, I'd be
shocked if it happened at all.

On your end, you have to think about how small a community your
profession is and if word would get around about backing out like
this, and then see if that's of enough concern to honor the original
offer acceptance.

Some might argue to bring the offer back to the original employer and
try to renegotiate for an equal offer but I'd have to think that might
have repercussions down the road and start things off with a bad
taste with that employer.

Also, the 2 w "rule" is a courtesy. If you're not concerned about
burning bridges, it's not a big worry.

The employer will be happier about you backing out before starting
employment versus a few ws in. And of course, that most
corporations of a significant size wouldn't think twice about giving
you the axe if the board of directors called for something to goose
the stock price with the label of "cost cutting," so this sort of
thing is a lot less morally objectionable than it used to be. An
employee has to look out for their interests because seldom does the
employer give a rat about them....

And the whole economic system of capitalism is fueled by self interest
and competition, so while I might feel a little guilty, I'm not sure
I'd lose too much sleep over it if the 2nd offer is really that much
better. I'd also be pretty straightforward with employer #1 "I
really do appreciate your offer, but something has come up. Another
employer I interviewed with around the same time has presented me with
an offer that is significantly...and I mean significantly more
attractive than what we agreed upon, and for my career and family, I
really can't afford to pass it up. I do have mixed feeling about not
being able to report as we'd originally agreed, but givne the
circumstances I can't pass up this significantly better offer."

That indicates that it wasn't a decision you took lightly, and gets
them thinking "shit, we should've given him a better offer."

It's bid'ness.

Best Regards,
--
Todd H.
http://toddh.net/
alexy

2007-02-16, 7:00 pm

"Mike Smith" <mikesmith@hotmail.com> wrote:

>Hi,
>I have been impressed by the level of discussion in this group.


Surely you jest. Well, I guess there's got to be someone impressed
with all this India (pro and anti) discussion.

>I got a job offer two ws ago, wrote my written acceptance to the offer,
>and was suppose to start next w.
>Yesterday, I got another offer, which is better.
>How do I go about backing out of the first offer?

I think Todd H. has given good advice here. I'd modify his "script"
just slightly, to take out the "significantly... and I do mean
significantly" The reasoning he expresses so well otherwise holds
just as true if it is just a modestly better offer.

If the first employer ups the ante to keep you, think long and hard
before accepting. If they initially offered what the job was worth in
their comp system, you will probably just get "red circled" and have
pay increases held down to get your pay back into line. If they were
not offering what the job should be worth in their pay system, do you
really want to work for them?
--
Alex -- Replace "nospam" with "mail" to reply by email. Checked infrequently.
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