turning down an offer at last minute

emertoff

I received an offer from a company's HR Manager over the phone about 10 days ago and accepted it. Starting this Monday April 5th. Yesterday I got the contract in the post for me to sign and bring with me on my first day.

For the last few days, I have had second thoughts and because of a combination of things - the commuting involved, some elements of the contract (such as a clause stating "As well as your normal hours of work, you may be required to work additional hours by Company X. You will not receive additional payment for working outside your normal hours unless this has been agreed in advance with your Line Manager" (verbatim quote). In plain English, compulsory unpaid overtime as far as I can see. In addition, more than one reliable person (including a former employee) has since warned me about this company's fairly draconian approach to people management and from reading the contract and other documentation I can well believe it.

So needless to say, I have changed my mind about working there. I do freelance so I'm not burning my bridges anywhere else and just took this for a little temporary additional income.

I have two questions:
1. I presume I have not compromised myself in any way by accepting the offer over the phone. I have not signed anything. Is this right?
2. In addition, when I contact them they will be well pis*ed off so I would appreciate any suggestions on how best to handle this diplomatically. I was to be part of a group of new hires starting together so it's not a business critical position or anything but still.

Cheers.

eth0_

Don't worry about how the company will feel. Just say something has come up, illness in the family, or you have been offered a job nearer to home. They won't lose any sleep over it.

btw that unpaid overtime thing seems to be increasingly common

Stephen

Yeah, its in my contract too.

Peace

Can you actually go back to a company and say that you don't agree with a section of their contract and will not sign it?

If you do this are they more likely to tell you to go somehwere else or would they consider changing the contract?

DUX

Originally posted by Peace
Can you actually go back to a company and say that you don't agree with a section of their contract and will not sign it?

If you do this are they more likely to tell you to go somehwere else or would they consider changing the contract?

This is exactly what you should do....

secret_squirrel

That 'outside normal hours of work' clause has been in every contract i have signed. Its fairly standard for a salaried job (as apposed to hourly paid).

I did the dirty on a company after I signed the contracts and sent them back - I suppose technically they could have forced me to work for them - or at least demanded compensation for the time and effort they put in - but realistically what company is gonna do that?

They were seriously pissed at me though - Im definately persona non grata where they are concerned. I work in a pretty small industry so I was a bit worried about repercussions but none came up. I phoned them to tell them I wasnt turning up and I also sent them and email. I got a email a few days later telling me how dissapointed they were and how they felt I had wasted their time. But at the end of the day its my career not theirs so stuff 'em!

WhiteWashMan

until you have signed on the dotted line, youa re not bound by any companies rulings.
if you dont agree wth something, then bring it up.
if you dont want the job even though you are supposed to start in a day or two, phone them up and tell them they have changed their minds.

its your perogative.

netman

The unpaid overtime is in my contact too.. Pretty standard here.

In my case it means you'll be given time off in lieu for your overtime, instead of getting payed.

Works crap though, as you might spend your weekend working and you'll get a day for a day. I refuse to do overtime and it hasn't gotten me in any trouble so far.

I value my weekends too much to go for 1:1, and I'm sick of the place anyway

Emboss

get a friend/famliy member to say your dead...


works a treat....

leeroybrown

My contract has an unpaid overtime clause also (I'm a salaried employee). Essentially I view it as an acceptance by me that "I get my job done" even if it takes slightly more than my 39 hours per week. Naturally what a clauses like this means very much depends on the attitude of management staff. My employers are excellent but many have probably been in very poor situations.

Most employers insert the clauses to provide protection against claims for additional reimbursemnet.

laoisfan

ok. a few points.
(and they have all been mentioned already no doubt!!)

1. unpaid overtime? fairly common nowadays especially in a salary position. i generally refuse to do overtime but sometimes it can be worth doing the odd saturday.....as long as you agree what time you get back. oh and btw, day for day is not guaranteed. i work for an american software company and they are f**kers for not giving time for time.

2. just because u verbally agreed do not make it binding. it is like buying a house.....until you sign on the dotted line, nothing is guaranteed.

3. will they be pissed off? of course they will. however, if they have done their homework correctly they will have made sure they have other candidates to make offers to.....just incase.

--laoisfan