Signed employment contract but now offered something else

(11 Posts)
twilightstruggle Tue 05-May-15 22:09:38

Hey there.

I was hoping someone could offer me some advice. I interviewed for a job at the end of Feb, was successful, and accepted it. Had to give three months notice to my current job so they've essentially been waiting for me to work this out. I've also signed a job contract and agreed a start date.

I've today been offered a different post. It's slightly lower pay but in a service which I've worked in before as a temp and loved. I've wanted to go back for ages but it's only now that a permanent job has come up there.

I want to take the second job. It's in a service I know I enjoy working in and I know are supportive (I've had health/personal probs over past few years so this is particularly relevant). However, I am really anxious about letting down the first job and about where I stand legally having signed a contract. I was wondering if anyone was able to advise?

BikeRunSki Tue 05-May-15 22:13:58

"Resign" from the first job. I know you havn't started yet, but you know what I mean. You've signed a contract, so you are allowed to resign - I assume they didn't think you would work for them for ever! No point in turning down a job you really want just to be polite.

Framboisier Tue 05-May-15 22:14:55

Well, you can tell job 1 that you're no longer accepting their offer - technically, you would be 'giving notice' but since you haven't started, you would effectively just not start. Theoretically, they may have a breach of contract claim against you but IME that claim is never pursued because it is just not worth it (remedy for breach of contract is damages to offset the loss, it's unlikely they could quantify any loss of your not joining, except perhaps recruitment costs)

The biggest issue is probably how bothered (or not) you are about pissing off employer 1 and whether this may cause you any issues in future.

DownWithThisTypeOfThing Tue 05-May-15 22:17:06

Legally you just give your notice in. I promise - from experience- they'd sooner get on with re-recruiting rather than force you in to work your notice period and ho through the Palaver of inductions/training etc.

Deprnding on the company/industry it might be burning bridges but you wouldn't be the first and it doesn't sound like you want to stay in that sector anyway.

Just write a resignation letter, be apologetic, emphasise it's best for not parties not to proceed if you're unsure. You'll be fine.

twilightstruggle Wed 06-May-15 22:47:39

Thanks for the advice.

I feel really terrible about it - but it's guilt as opposed to worry about it impacting on my job prospects in the future. I think I'll be burning quite a specific bridge as opposed to it having any ripple effects on my reputation. Hopefully I'm not being naive with that.

I've left a message saying I need to speak with them but not heard back. I tried to say it in a sad tone so they have prepared themselves for bad news. I hate this - the guilt is horrible but I guess it'll probably pass once it's all sorted.

AlternativeTentacles Wed 06-May-15 22:49:40

You think they would worry about dropping you if it didnt work out?

Dont stress, email them and forget about it. They will not care once they know. Honest. They wont need to prepare themselves for bad news.

YonicScrewdriver Wed 06-May-15 22:52:58

Honestly, it's fine. I've done this, they were philosophical, and I've been in my new industry ever since so it was totally worth it and the other company went down the pan eventually obviously without my great skills

worridmum Thu 07-May-15 13:19:51

if the recruitment costs where high they could take you to court and they would win most companies dont as its not worth the costs (other than once when the company spent a large amount on recruitment for a post and the person who signed the contract told the company on the day they would start that they withdrew their accpetance after the company had paid for a introducator course etc and the company won and managed to reclain recruitment costs and the costs of the course they enrolled her for)

But aslong as you tell them ASAP you shouldnt have a real problem the case i mentioned was she only told them on the day she was meant to start is why the went to court

BikeRunSki Thu 07-May-15 15:18:51

If you tell them ASAP, other feasible interviewees may still be available.

Don't do what DH did and start, then resign 3 weeks later.

Bearcatt Thu 07-May-15 18:30:09

DS1 did this after he graduated from university.
He had an engineering job offer, but did a summer internship for another company bank for which he was offered a permanent contract.
There was never any come back or fall out from the engineering company.

Framboisier Fri 08-May-15 14:54:00

Tbf Bearcatt, I think grad job offers are a different kettle of fish....firms often over offer because they know/expect people will do this, plus they are hiring many people at once rather than one specific person, for one specific role

yes to doing it ASAP, and hopefully even before they reject all other candidates...

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