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Signed contract for job but don’t want it

54 replies

Dahlingg · 19/05/2022 13:24

Contract has a 3 month notice period. I haven’t started yet. Will I have to work for them for 3 months before leaving? 😭

OP posts:
Dartsplayer · 19/05/2022 16:46

@Dahlingg That's good news about the probation period but I agree with PP above. You would be better off telling them before you start. It's a bit pointless starting, working a weeks notice then leaving, best just to tell them now

NothingIsWrong · 19/05/2022 16:48

I've had people do this to me, and while annoying, we would never enforce a notice period. Literally no point of going through all the hassle of fobs, phones, IT, online mandatory training etc, which can take a good bit of the first week before they do any actual work, only for them not to return the following week.

I had one person set up their new laptop, do some paperwork and then never return from lunch on their first day. That annoyed me much more than someone who politely let me know that due to a change in circumstances they were not able to take the job. I just offered it to the next person and we were away.

Dahlingg · 19/05/2022 16:50

Thank you. Yes I’ve just sent an email thanking them for the job offer but that I’ve had a change in personal circumstances that means I can’t accept. And that I’m sorry for the inconvenience that I’ve caused. Hopefully that will be ok. And because I’ve given longer than a week notice in advance of start hopefully they would have no basis to sue me for breach of contract. The material loss to them wouldn’t be any difference to if it started and handed in my notice on day 1. I’m hoping anyway. As I said I have ASD and it means I get stuck in loops like this sometimes. I drive my DH crazy with it so thank you for letting me waffle.

OP posts:
Dartsplayer · 19/05/2022 20:06

Dahlingg · 19/05/2022 16:50

Thank you. Yes I’ve just sent an email thanking them for the job offer but that I’ve had a change in personal circumstances that means I can’t accept. And that I’m sorry for the inconvenience that I’ve caused. Hopefully that will be ok. And because I’ve given longer than a week notice in advance of start hopefully they would have no basis to sue me for breach of contract. The material loss to them wouldn’t be any difference to if it started and handed in my notice on day 1. I’m hoping anyway. As I said I have ASD and it means I get stuck in loops like this sometimes. I drive my DH crazy with it so thank you for letting me waffle.

Sounds a perfect response OP

Dahlingg · 19/05/2022 20:27

No reply yet so just trying not to spiral!

OP posts:
AffIt · 19/05/2022 20:45

Dahlingg · 19/05/2022 20:27

No reply yet so just trying not to spiral!

If the time stamp on your message is anything to go by, you sent the email at close to 5pm on a working day, so no, you probably won't hear anything today, possibly not tomorrow either.

Just put it out of your mind. It is fine.

Dahlingg · 20/05/2022 11:02

I still haven’t had a reply though 😣

OP posts:
minipie · 20/05/2022 11:05

It will be fine OP. They’re likely to be a bit annoyed/disappointed, you might get a shirty response, but they won’t come after you in any way.

Breathe!

ThreeRingCircus · 20/05/2022 11:08

They should reply but I'd prepare yourself that they might not, they may be scrabbling around trying to contact the second choice candidate to see if they're still interested. Honestly, I wouldn't worry about it I work in HR and these sort of things happen more often than you'd expect ans we'd much rather someone let us know in advance of their start date they wouldn't be joining us than wasting our time joining for a very short time. These things happen, please don't worry about it.

bibliomania · 20/05/2022 11:09

I agree with minipie. You've got to accept that they'll be a bit pissed off - they mightn't reply till next week and it possibly won't be very friendly. But it will end there. You just need to weather this bit.

soupmaker · 20/05/2022 11:10

@Dahlingg you sent an email yesterday afternoon. It's not even lunchtime yet. The people you sent the email to will have other priorities. They'll get back to you soon enough. Probably calling up other employable candidates to see if they are still interested in the job.

You're not going to held to the contract, you're not going to be sued.

You can relax now.

CupidStunt22 · 20/05/2022 11:24

Dahlingg · 19/05/2022 13:33

It just says “if you wish to severe your employment with us you are required to give 3 calendar months notice…”

You haven't started your employment with them.

Dahlingg · 20/05/2022 11:36

I know. I know that you are all right. I suppose I’m a worse case scenario thinker. It’s how I get through life. It drives everyone around me crazy but it helps me feel grounded.

Worse case scenario - if they were to sue how much would they be rewarded in damages? Would it just be 1 weeks wages or could it be much more than that?

And would being sued for breach of contract show up on DBS checks?

OP posts:
soupmaker · 20/05/2022 11:50

You. Are. Not. Going. To. Be. Sued.

HardRockOwl · 20/05/2022 11:54

@Dahlingg people aren't doing you any favours pandering to your questions really (said with kindness!)

No one is suing anyone. You don't need to think up elaborate scenarios here. They'll either ignore it or respond saying 'thanks for letting us know.'

Just stop thinking up things that won't ever happen.

It'll be fine

maxelly · 20/05/2022 11:57

Dahlingg · 20/05/2022 11:36

I know. I know that you are all right. I suppose I’m a worse case scenario thinker. It’s how I get through life. It drives everyone around me crazy but it helps me feel grounded.

Worse case scenario - if they were to sue how much would they be rewarded in damages? Would it just be 1 weeks wages or could it be much more than that?

And would being sued for breach of contract show up on DBS checks?

Honestly, I know you are anxious but please try and relax. As everyone has said, they won't be awarded anything in damages if they sue, because you haven't breached the contract and they have no losses. 0. The worst, worst, 0.0001% chance scenario is they pointlessly try and sue just because of vindictiveness, so your costs would be having to email or post the court the email you've sent them giving them ample notice that you no longer wish to enter into the contract which will result in the case immediately ending, so the financial impact would be what, 1p in electronic costs to use your laptop or phone to send an email or 20p for a stamp? And no, even in that highly, highly unlikely event of course it won't show up on a DBS because it's not anything criminal or involving the police, it would be a civil action like divorce or child custody proceedings, nothing to do with safeguarding, not the point of a DBS. Christ if everyone who ever had to go to court got a negative DBS check there'd be virtually no nurses, police officers, teachers or social workers left because stuff like this happens all. the. time. ... you have done nothing wrong and have nothing to worry about, please believe us.

They probably either haven't read the message yet or have but it isn't a priority to get back to you - there's nothing really for them to say to you at this point and if/when they do reply at most it will say thanks for letting us know and good luck for the future/what a shame etc so there's no point frantically refreshing your emails waiting for a reply, I know you will anyway but can you try and distract yourself a bit/snap out of the spiral, do you have techniques for this? Go for a walk, talk to a friend, watch something funny on TV? Flowers

Twizbe · 20/05/2022 11:58

No one is going to sue you.

It would cost them so much to do that it's not worth it at all.

They might not reply, they might reply later today.

What they are NOT doing is preparing to sue.

LostMyUserName · 20/05/2022 12:06

Well done for sending the email @Dahlingg

I can understand how anxious you feel waiting for a response.

What reassurances do you feel you need?

While I can’t offer you an iron clad guarantee, I am as certain as I can be that there will be no penalty to you.

I have some experience in this area so if you find the email response difficult, I can help you further.

I hope this helps to put your mind at rest.

Stupidwomanisme · 20/05/2022 12:37

LostMyUserName · 20/05/2022 12:06

Well done for sending the email @Dahlingg

I can understand how anxious you feel waiting for a response.

What reassurances do you feel you need?

While I can’t offer you an iron clad guarantee, I am as certain as I can be that there will be no penalty to you.

I have some experience in this area so if you find the email response difficult, I can help you further.

I hope this helps to put your mind at rest.

Thank you @LostMyUserName that’s very kind of you. I am struggling with the lack of reply when previously replies had come through very quickly, I know that’s daft though.

I suppose in terms of reassurances Im looking for worst case scenario what could I be facing if anything.

Notice period is 1 week during probation period. New job starts further away than a week. So as others have said hopefully it would be fine anyway.

Dahlingg · 20/05/2022 12:39

@maxelly thank you you’ve been really helpful in helping me see how silly I’m being and in calming me down. Thank you

OP posts:
LostMyUserName · 20/05/2022 12:49

@Dahlingg in terms of worst case scenario, that depends on what you fear the most!

I don’t think they will make you work or give notice or ask you to pay anything. They might feel annoyed but they’ll get over it.

Sitting with discomfort or uncertainty can be very difficult. Remember you’re allowed to change your mind and you’ve communicated with them. Really you don’t need a response from them, although I know that feels tidier.

Renag · 20/05/2022 12:54

Hi @Dahlingg I work in the legal sector and can’t guarantee you that you won’t be sued but can tell you I’ve literally never ever heard of this happening and I’d bet every penny I had on it not happening.

I guess your anxiety won’t go away until you hear back, but when you do, and it will likely be today, and you realise it is all fine, it might be a good idea to take stock and perhaps get on top of your anxiety - I say this as someone who has struggled with it all my life so I know how it feels.

If it were me I would just call them right now and get it over with rather than waiting for a response. But honestly, you’re really really not going to be sued. Please relax and get a tea and some chocolate!xx

Renag · 20/05/2022 12:59

Just seen your worry about a DBS check - that’s not even how a claim would work. It won’t be showing up there and OP please please listen to everyone, you are not going to be sued! I feel so bad for you as I know what anxiety is like but honestly they will be irritated they have more paperwork to sort. That’s it. Literally. Do you have any idea what it takes to issue a claim against someone? It is a bloody nightmare! Companies do not want to be doing that I can assure you. It’s a massive hassle and they have no basis for any loss!

this also might reassure you - if a claim was issued (it won’t) then they have a legal duty to mitigate loss. They have to find someone else to fill the role, and assuming you weren’t the only candidate the interviewer, it would be expected that were they desperately in need of someone, that they took the next best candidate on who is ready and waiting. Alternatively they should re advertise immediately. Please believe us when we tell you this is a worry that is never going to become a reality.

Dahlingg · 20/05/2022 14:25

The job advert is still up. So hopefully they will find someone else. Still no reply to email. I’m going to decide I’m not getting a reply and be ok with it.

Good to know about DBS check

OP posts:
KenAdams · 20/05/2022 14:36

This sort of stuff happens all the time, I'd not worry about it.