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Signed employment contract

  • 10-10-2020 7:05am
    #1
    Registered Users, Registered Users 2 Posts: 6 smeefi


    Hi, recently got offered a new job and signed contract. However I’ve now changed my mind with covid etc. is there any recourse if I don’t go ahead with new job?


Comments

  • Moderators, Business & Finance Moderators Posts: 10,605 Mod ✭✭✭✭Jim2007


    Don't really understand what recourse you are expecting....

    Just tell them that you have changed your mind and do it soon, so they can still offer it to their second choice candidate.


  • Registered Users, Registered Users 2 Posts: 691 ✭✭✭jmlad2020


    Hmm not ideal signing a contract and then immediately leaving but it happens. Just tell them your circumstances and you are legally obligated to give a month notice.

    What has led to the decision to leave?


  • Posts: 0 Adaline High Gill


    jmlad2020 wrote: »
    Hmm not ideal signing a contract and then immediately leaving but it happens. Just tell them your circumstances and you are legally obligated to give a month notice.

    What has led to the decision to leave?

    What? I don't think this is the case, particularly that early in a job or when you're on probation.


  • Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    jmlad2020 wrote: »
    ... you are legally obligated to give a month notice.

    Not in Ireland.

    Unless the contract says different, it's zero notice in the first 13 weeks.

    In practise, most employers will want you gone ASAP.


  • Registered Users, Registered Users 2 Posts: 2,637 ✭✭✭brightspark


    jmlad2020 wrote: »
    Hmm not ideal signing a contract and then immediately leaving but it happens. Just tell them your circumstances and you are legally obligated to give a month notice.

    What has led to the decision to leave?

    Surely there would only be a legal obligation to give a months notice if it is written in the contract (and practicably unenforceable anyway).
    No notice period would be usually needed until you have spent some time in the position.

    Bridges will likely be burnt and it's a small country so could potentially have an effect on getting a job offer elsewhere.

    It might also affect eligibility for unemployment benefit etc too asyou have effectively chosen to leave a job voluntarily.


    edit: I did once work for a company that had a month's notice written into the contract, I left it with three weeks notice in exchange for doing a few awkward shifts.


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  • Registered Users, Registered Users 2 Posts: 2,780 ✭✭✭sentient_6


    Usually notice period only applies after probation.


  • Registered Users, Registered Users 2 Posts: 2,045 ✭✭✭silver2020


    Maybe the OP should read the contract?


  • Moderators, Business & Finance Moderators Posts: 10,605 Mod ✭✭✭✭Jim2007


    In practise, most employers will want you gone ASAP.


    Especially when it's someone new whom they will have to pay. Not going to happen.


  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    The company won't want to hire you if you don't want to work there. Also, changing your mind after signing the contract is a red flag.

    So just tell them ASAP and it'll be over.


  • Moderators, Business & Finance Moderators Posts: 10,605 Mod ✭✭✭✭Jim2007


    OMM 0000 wrote: »
    The company won't want to hire you if you don't want to work there. Also, changing your mind after signing the contract is a red flag.


    Nonsense, people are always changing their minds, getting better offers etc....


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  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    Jim2007 wrote: »
    Nonsense, people are always changing their minds, getting better offers etc....

    Imagine being so out of touch with reality that you think a contract being broken isn't a warning sign.

    You shouldn't post so aggressively all the time, take up running if you're simply trying to let off steam.


  • Moderators, Business & Finance Moderators Posts: 10,605 Mod ✭✭✭✭Jim2007


    OMM 0000 wrote: »
    Imagine being so out of touch with reality that you think a contract being broken isn't a warning sign.

    You shouldn't post so aggressively all the time, take up running if you're simply trying to let off steam.


    I never said breaking a contract was acceptable...


    But clearly after 30 years managing IT teams at five multinationals and two software houses, I have enough experience to know that these things happen. People change their minds, get better offers that's life.


  • Registered Users, Registered Users 2 Posts: 6 smeefi


    Just to clarify I signed the contract and am due to start in December as have a notice period etc. Now I’m having cold feet over leaving a stable job during a pandemic. Contract has a month notice period. I guess I’m just wondering if there are any implications if you decide against taking job after signing contract other than burning bridges in that company.


  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    Jim2007 wrote: »
    I never said breaking a contract was acceptable...


    But clearly after 30 years managing IT teams at five multinationals and two software houses, I have enough experience to know that these things happen. People change their minds, get better offers that's life.

    No one is saying people don't change their mind or get better offers.

    The question is this:

    Is breaking a contract a warning sign, yes or no?

    You said it's not, in fact you said it's "nonsense" to think it's a warning sign.

    You either don't have 30 years management experience, or you have terrible judgement, or based on your post history you're just angry and want to fight. All are bad.


  • Registered Users, Registered Users 2 Posts: 691 ✭✭✭jmlad2020


    smeefi wrote: »
    Just to clarify I signed the contract and am due to start in December as have a notice period etc. Now I’m having cold feet over leaving a stable job during a pandemic. Contract has a month notice period. I guess I’m just wondering if there are any implications if you decide against taking job after signing contract other than burning bridges in that company.

    Wow you start in December!!. You haven't properly started. You should leave now asap if you want to. The sooner the better so they know and can replace you.

    It would be a lot worse if you already started properly. Please let them know asap on this. Honesty is the best policy.


  • Moderators, Business & Finance Moderators Posts: 10,605 Mod ✭✭✭✭Jim2007


    OMM 0000 wrote: »
    No one is saying people don't change their mind or get better offers.

    The question is this:

    Is breaking a contract a warning sign, yes or no?

    You said it's not, in fact you said it's "nonsense" to think it's a warning sign.

    You either don't have 30 years management experience, or you have terrible judgement, or based on your post history you're just angry and want to fight. All are bad.


    I will continue to call you out when you post nonsense... you can continue to twist my words to suit yourself if you want.


  • Registered Users, Registered Users 2 Posts: 10,902 ✭✭✭✭28064212


    "Thank you for offering me this opportunity. Unfortunately, due to changing circumstances, I am no longer in a position to take up this role. I apologise for any inconvenience this may cause... yada yada yada"

    If you've made up your mind, do that immediately. Not tomorrow, or next week, or a month before the start date. Now. Of course, that company is extremely unlikely to ever consider you for a position again, but at least if you do it early, and don't leave them in the lurch, it's not likely to go beyond that.

    The exception would be if you were a C-level exec or similar, or were bringing some extremely niche technical skills to the table (as in, one of a handful of people in the country), but in either of those cases, I don't think you'd be posting on boards about it

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  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    Jim2007 wrote: »
    I will continue to call you out when you post nonsense... you can continue to twist my words to suit yourself if you want.

    Nah, you just can't admit you're wrong and can't admit how aggressive you are. Stop being a toxic person.


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    OMM 0000 wrote: »
    Imagine being so out of touch with reality that you think a contract being broken isn't a warning sign.

    You shouldn't post so aggressively all the time, take up running if you're simply trying to let off steam.

    A warning sign to who? The employer you don’t want to work for?


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Mod- quit the bickering and personal swipes or I'll give out cards


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  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    colm_mcm wrote: »
    A warning sign to who? The employer you don’t want to work for?

    Hiring is high risk and experienced employers will be on alert for any warning signs. For example, a person whose CV shows they only stay in jobs for a few months, and there are a bunch of gaps between jobs (could be jobs they've chosen to exclude from their CV).

    So a person who agreed to do the job, signed a contract, and who is now saying they're not going to show up for work, that is obviously a massive red flag so no employer is going to try to force that person to come into work for a week or month or whatever the contract states is the minimum notice period.

    Basically, when you've told an employer you're not going to honour the contract they will simply move onto their second choice and forget about you.


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    OMM 0000 wrote: »
    Hiring is high risk and experienced employers will be on alert for any warning signs. For example, a person whose CV shows they only stay in jobs for a few months, and there are a bunch of gaps between jobs (could be jobs they've chosen to exclude from their CV).

    So a person who agreed to do the job, signed a contract, and who is now saying they're not going to show up for work, that is obviously a massive red flag so no employer is going to try to force that person to come into work for a week or month or whatever the contract states is the minimum notice period.

    Basically, when you've told an employer you're not going to honour the contract they will simply move onto their second choice and forget about you.

    I do a small bit of recruitment in my job, so I know what you’re saying.
    On the other hand I wouldn’t know if a candidate had accepted a job in XYZ Company and then pulled out, Unless there were gaps in their CV, and even at that it’s easily explained away. I doubt the OP will be putting this place down
    The chances of a random employer finding this out down the road are very small I would have thought?


  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    colm_mcm wrote: »
    I do a small bit of recruitment in my job, so I know what you’re saying.
    On the other hand I wouldn’t know if a candidate had accepted a job in XYZ Company and then pulled out, Unless there were gaps in their CV, and even at that it’s easily explained away. I doubt the OP will be putting this place down
    The chances of a random employer finding this out down the road are very small I would have thought?

    Sorry I'm talking about the employer you are bailing on.

    I've seen posts here before where people are worried the employer is going to force them to come into work because the contract is signed.

    But no employer is going to do that as (a) they know you don't want the job, and (b) you're already trying to bail on a signed contract, so that's a red flag the you're a risky hire.


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