Job contract enforceability

wesclark

I know it's not a purely TCD matter but........

I have to accept/decline a job offer this week (by signing a contract). I plan to accept (a bird in the hand being worth two in the bush and all that). However, I will soon be interviewing for a job that is my first choice.

So my question is can the company that offered me a job already rain a legal ****storm on me if I say "sorry, but" in April.

Agent Smith

depends on your Contract

xeduCat

Potentially, yes. (indeed even an oral acceptance can give rise to this sort of contract). But often there will be a change-of-mind clause (i.e. both sides have the right to withdraw without penalty within three months of signing, or something). Have a look for that when you get a copy and get informal legal advice then if you can.

Also, in some cases where no clause exists and thus there is the possibility of legal action against the withdrawing party, but for practical or common-sense reasons it won't happen. Not everyone will sue so a major factor is the relationship between the parties (i.e. if they get angry at you and they are nasty people...)

wesclark

xeduCat wrote: »

Potentially, yes. (indeed even an oral acceptance can give rise to this sort of contract). But often there will be a change-of-mind clause (i.e. both sides have the right to withdraw without penalty within three months of signing, or something). Have a look for that when you get a copy and get informal legal advice then if you can.

Also, in some cases where no clause exists and thus there is the possibility of legal action against the withdrawing party, but for practical or common-sense reasons it won't happen. Not everyone will sue so a major factor is the relationship between the parties (i.e. if they get angry at you and they are nasty people...)

There is nothing about pulling-out or non-fulfillment in the contract so I presume they wouldn't bother chasing me down

Cantab.

wesclark wrote: »

There is nothing about pulling-out or non-fulfillment in the contract so I presume they wouldn't bother chasing me down

I'm sure there are plenty of rats (both academic and administrative) who'll be more than happy to take over from you.

Pet

Eeeh Cantab, you really have it in for the admin staff, don't you!?

I must admit, I find it tends to be 50/50. Sometimes, I am appalled by how unhelpful, slow, inefficient and downright rude the admin/office staff can be. And sometimes [like, for example, in the Enquiries Office, or parts of the Science faculty], you deal with such kind, helpful, really-know-their-**** people that it almost makes you forget the idiots.

xebec

This is all from my experience, I've been in a similar position to the OP on a number of occasions.

The best advice I can give you is to contact the company who have offered you the job and ask for more time to consider your options. At the same time contact the other firm you are interviewing for and tell them that you have already received an offer and would like to speed up the interview process, while making it clear that they are obviously your first choice.

Most companies will be flexible about this and should try to help you. However, some companies are very strict on their deadlines - I applied for two graduate jobs this year, got an offer from one long before my final round with the other, the second company brought forward my interview and gave me ample time to make up my mind, the first company weren't prepared to give any amount of flexibility so for that and other reasons they were the company I rejected.

I always feel a bit funny about signing and then pulling out of a contract - burning bridges and all that. But it can be done, I've pulled out of a contract with a company, but for valid medical reasons and a change of circumstances.

rover84

there is no way they will chase you down unless there is a sign on fee included, your entering a graduate position so they know there will be plenty of other people looking for that job