Yes then no ...

understudy

Hello
Firstly, no criticism please ! It's a personal crisis that I'm taking very seriously.
I verbally accepted a position 2 weeks ago with a large, reputable company in Dublin (65k position).
I have now signed the offer of employment (including terms and conditions, start date, termination notice), despite a very confusing personal situation and immediately regretted my decision.
My question is this : what legal grounds would my potential future employer have to sue me for compensation for breach of contract before starting work ?
Given that the recruitment was carried out through an agency ...
Are they likely to claim ? Or just to get really annoyed but know that it's better than have me walk out after the first month of my trial period ? ...
If anyone has been in or known such situation, your feedback would be invaluable !
Thank you.

The Big Red Button

understudy wrote: »

Hello
Firstly, no criticism please ! It's a personal crisis that I'm taking very seriously.
I verbally accepted a position 2 weeks ago with a large, reputable company in Dublin (65k position).
I have now signed the offer of employment (including terms and conditions, start date, termination notice), despite a very confusing personal situation and immediately regretted my decision.
My question is this : what legal grounds would my potential future employer have to sue me for compensation for breach of contract before starting work ?
Given that the recruitment was carried out through an agency ...
Are they likely to claim ? Or just to get really annoyed but know that it's better than have me walk out after the first month of my trial period ? ...
If anyone has been in or known such situation, your feedback would be invaluable !
Thank you.

I can't see how they'd possibly have any grounds to claim?

Procrastastudy

chatterpillar wrote: »

I can't see how they'd possibly have any grounds to claim?

Even if they did, it's very unlikely they would.

As for no criticism - OP I think you need a chill pill.

understudy

Thanks for replying.
I just thought that if I turned down the offer after having signed the contract they could potentially sue me for the costs of the recruitment procedure to find a replacement (I believe they told other potential candidates that the position had been filled a couple of weeks ago).
Do you not think this is possible ?
Thanks

tatli_lokma

They will be really annoyed with you, and this could have implications if you apply for jobs in the future mainly because Ireland is really a village, particularly in certain sectors. Plus the agent will wash their hands of you because you messed them around and lost them their commission.

So if you can live with that, then other than pissing people off, very little would happen as a result.

understudy

Thanks Little Ted. I'm aware of the potential damage to reputation ...
I was hoping that with a solid argument of sudden change in personal circumstances, the employer may be understanding and at least not make too much noise ... Have you had this experience yourself ?

Procrastastudy

understudy wrote: »

Thanks for replying.
I just thought that if I turned down the offer after having signed the contract they could potentially sue me for the costs of the recruitment procedure to find a replacement (I believe they told other potential candidates that the position had been filled a couple of weeks ago).
Do you not think this is possible ?
Thanks

They would be under an obligation to mitigate loss etc etc and half a dozen other things I'm probably not aware of. The bottom line is even if the could sue you they probably wouldn't and even if they did it would be for a very small sum. More likely it wouldn't be worth the possible PR fallout.

As for it damaging your reputation I'm very dubious as to how or even why anyone would bother. I'm not sure anyone would run the risk of a visit from the data protection people.

understudy

As regards reputation, as Little Ted says, it's a very small world and people talk ... I'm sure it would bring damage.

As regards the "very small sum", are you taking hundreds or thousands ? ...

Thanks

tatli_lokma

I've no experience of being in your situation (thank god) but even if I did, it is a case by case thing. Once person might be very understanding as to why you didn't take the role, another might think you are a complete tool. Fast forward 10 years and person two might be interviewing you in a different company. You really never do know. All you can do is try to explain yourself, apologise and at least acknowledge the inconvenience you have caused, and hope they understand. They either will or they won't. Its the risk you have to take.

Mrs OBumble

OP, we really can't say whether it would be hundreds or thousands.

But think for a moment what they'd have to spend on legal fees, and then on collecting the cash from you.

Then make your own decisions about the likelihood.

Timing and attitude is very important when you tell them. I'd suggest ASAP, and face to face.

fyi, I worked in a place where a lad took on a software QA role, after being a BA previously . Started on Monday, and on Wednesday morning he came in and told the boss that he's realised he'd make a horrible mistake and just couldn't face the job. We were far happier that he'd told us ASAP, rather than letting us spend a month training him in and them watching him walk away.

understudy

They're a law firm, so unlikely to have legal fees ...
Which makes me think they're more likely to sue ...

Asap, yes, obviously ... but I'm too terrified of the outcome.

tatli_lokma

well explain the situation to them and they will either tell you that more will be made of it, or it won't. But legal fees aside, I think it is unlikely as most places wouldn't spend any more time on you than needed. I think they would only be likely to sue if they already had significant out of pocket expenses and wanted to recover these.

Procrastastudy

OP there's more chance I'll be in bet with Penelope Cruz tonight than you getting sued - even by a law firm.

understudy

Which could mean anything ! ... Difficult for me to judge what your chances are there -;)
(But good luck !)

Procrastastudy

understudy wrote: »

Which could mean anything ! ... Difficult for me to judge what your chances are there -;)
(But good luck !)

Put it this way - I look like a heavy Martin Clunes and have never been in the same building as the woman so...

Really you are worrying over nothing. Chances are they just went to the next one on the list. Even if they didn't the alternative would be you go in and work for a weeks notice. No one wants that.

Just out of interest what possible position could they have had that required an agency. Most law firms would have about 1000 people looking for internships, wanting to work for free for every position they have. I'm assuming it was IT?

GRMA

OP given that it's a law firm I would think long and hard before throwing them over, everyone knows everyone and this could come back to haunt you.

understudy

I know it could ... that's a risk I'd have to take but my personal situation is more important ...
My biggest worry is the risk of being sued. I'm wondering if they would take the potential risk on their own reputation if they sued someone for breach of contract before commencing work ...
My second biggest worry is that they would force me to work the month's notice, which would make absolutely no sense in my line of work ...

juan.kerr

It has happened with someone I hired previously, realistically not much the employer can do, I would say highly unlikely there will be any legal proceedings.

Karma, on the other hand...

understudy

Hi
You mean you hired someone who signed a contract and then changed their mind ? How long after signing did they inform you ? How did you deal with it and why did you not consider chasing them ? Did you not incur recruitment expenses (agency fees) ? My concern is that this employer has spent a lot on recruitment ...
Thanks !

Karma ... yep ... karmas running over dogmas ...

tatli_lokma

I wouldn't worry too much about the recruitment fees...most places don't get paid til you actually start or in some cases have completed probation. And there are probably others who can take the role. I think if they did take action it would be on principle more than anything.

tk123

IMO you're worrying over nothing - talk to them about it and I'm sure they'll be fine. People change their mind all the time and your probation period works both ways - you can change your mind too. I had a similar situation but I stupidly stayed in the place I knew I'd made a mistake in accepting (they gave me 2 hours to decide) from the moment I sat down on my first day so as not to 'ruin my reputation' etc and have been miserable for the last 3 months. Handed my notice in this week