Is verbal acceptance of a job offer binding? - boards.ie
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18-01-2010, 22:46   #1
PrinceMax
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Is verbal acceptance of a job offer binding?

I got a call today. I was told I was being offered a job, the salary, and the number of hours. I accepted. They are going to send a contract. I'm waiting on a better offer for a job that is more in line with my career path. To be honest, I felt the inital offer that I accepted was very poor. The pay was very poor, the job not great, and with limited hours. I'm dreading the contract arriving, because I know it will be full of all sorts of exploitative conditions of employment. If I get the other job, I don't want to take the first one. Am I legally obliged to stick with the first one? I haven't read a contract yet. Can I just say I disagree with the terms, return it, and let that be that?
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18-01-2010, 22:54   #2
kravmaga
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You dont have to accept if you are not happy with the Terms and Conditions of the employment contract.

And to answer your question you can accept a job verbally.
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18-01-2010, 23:24   #3
mikemac
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Until I have a contract in my hand and the HR officer in front of me waiting to sign, I don't consider anything final

And this is why people generally won't leave their current job with a verbal offer of a new job. They need a written contract first

So you should do the same. The first employer could withdraw the offer anytime and you have nothing.
Take the best offer for you
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19-01-2010, 07:43   #4
pow wow
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I've had a verbal offer I'd accepted withdrawn by a potential employer before so no, they're not final.
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19-01-2010, 14:06   #5
AARRRGH
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A verbal acceptance of a job is not binding.
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19-01-2010, 14:48   #6
Mrs OBumble
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Remember that in this country, you have no employment rights for your first year.

So you could say that even a written contract is not binding for the first 12 months - because the employer can chuck you out at any time, for no reason.

Of course I know that this is not quite right: you do have rights to minimum wage, max working hours, time between shifts etc. But it does help to put things into perspective.

OP, even if it was "binding", even if the better job doesn't come thru and you sign a contract for this one - so what. When you get offered a better job, take it and resign from the bad/exploitative one.
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19-01-2010, 15:31   #7
Sleipnir
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Quote:
Originally Posted by JustMary View Post
Remember that in this country, you have no employment rights for your first year.
That's not entirely true. If you start a job and are on probation, and you are let go within that period, the Unfair Dismissals Acts 1997-2007 does not apply. However, the period of probation is up to the company but cannot exceed one year.
If you start in a job and the probation is 3 months and is not extended, then you are protected under the Unfair Dismissals Acts 1997-2007 after the three months.

Most companies have a 3 or 6 month period with the option to extend it but again, it can only be up to a year.

OP, verbal acceptance isn't worth the paper it's written on.

A

Last edited by Sleipnir; 19-01-2010 at 15:34.
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19-01-2010, 18:59   #8
brightspark
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Not quite right Sleipnir,

From the NERA webite

http://www.employmentrights.ie/en/in...airdismissals/


Quote:
The Unfair Dismissals Acts enable employees who believe they have been unfairly dismissed to present a claim of unfair dismissal to either a Rights Commissioner or to the Employment Appeals Tribunal.
The Acts apply to employees over age 16 with at least 12 months’ continuous service with the exception of;

•Close relatives of the employer who live and work in the same private house/farm
•Members of the Defence Forces or Gardaí
•FAS apprentices who have been dismissed within one month of the end of their apprenticeship
The requirement for 12 months’ service does not apply to an employee whose dismissal results from one or more of the following:

•The employee's trade union membership
•Any matters connected with pregnancy, giving birth or breastfeeding
•Exercising or proposing to exercise rights to protective leave or natal care absence
•Exercising or proposing to exercise rights to parental leave, force majeure leave or carer's leave
•Exercising or proposing to exercise rights to adoptive leave or additional adoptive leave
Also as redundancy doesn't come into effect until 2 full years of service it wouldn't be too hard for a company to just say they are making you redundant (if you're last in it wouldn't be too hard for them to justify)
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11-02-2010, 13:22   #9
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<snip>



5 posts to date, in five seperate threads, all touting the same book, me smells something fishy

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11-02-2010, 13:25   #10
sharper
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I really wouldn't worry about any legal comeback but you can also expect the first employer to be annoyed and not try to hire you again in the future.
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11-02-2010, 15:57   #11
mood
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I don't think a verbal agreement is binding. I have been verbally offered a job a while back but it looks like it's not going to happen (budget etc used as excuse) and there is nothing I can do about it as far as I know. If I get offered another job in the mean time I'll take it as I have no choice. It would be very foolish to turn down a job without having a contract for the other in your hand.
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