Quitting a new job before starting

JimmyCorkhill · 29-09-2021 10:32pm #1

Hi,

Has anyone experienced a situation where someone accepts an offer for a job with a new employer, signs a contract, and is due to start the new role in 4 weeks, however 1 or 2 weeks before the start date they reach out to the new employer and tell them they won't be joining the company as they have got another job offer elsewhere?

Is this legal?

Does it happen often?

I know the minimum notice an employee or employer must give is 1 week if the length of service is between 13 weeks & 2 years, unless a signed contract mentions a longer notice period (e.g. 1 month).

Thanks

29-09-2021 10:40pm

https://www.boards.ie/discussion/2058211042/quitting-a-new-job-before-starting

It happens. It's legal. I've encountered it a few times. I wouldn't say it's common though.

alias no.9 · 29-09-2021 10:46pm

I've done it many years ago and as it happens someone who was due to start with my current employer has done it recently.

JoyPad · 29-09-2021 10:50pm

As an employer, did you not interview several candidates before selecting one to make an offer?

Same thing happens to a candidate: they go to several interviews, and, if possible, use your offer to get a better one elsewhere. It's also possible to use your offer to get a bump in his current position.

29-09-2021 10:58pm

Dependent on the sector. In some areas, it would be practically expected. Some employers will literally "overbook" postitions, on the expectation that some offers will fall through.

Legality would very much be dependent on exact circumstances. More importantly, convenience, cost, and practicality trumps legality in almost every situation. A C-level exec who might have had a long negotiation, numerous pre-conditions, and is a once-a-decade appointment - might end up in court. A Penney's low-level employee - absolutely no chance

JimmyCorkhill · 29-09-2021 11:31pm

https://www.boards.ie/discussion/comment/117957101#Comment_117957101

Out of interest on the legality of it, in the example I gave, employee signs a contract to start on X date but 2 weeks before X date they inform the new employer they won't be taking up the offer anymore.

What is illegal there? Out of curiosity.

Do they need to honour the contract and start on X date while handing in notice on start date as they don't want to be there.

Thanks

29-09-2021 11:49pm

https://www.boards.ie/discussion/comment/117957217#Comment_117957217

As I said, it depends on the exact circumstances. What are the exact terms of the contract? What are the circumstances of the person and company involved? Has either been substantially disadvantaged? Did the potential employee gain access to commercial or competitive information in the hiring process that they can now make use of? Is the company now significantly negatively impacted in some way (having to ask the next person in the list does not qualify; having a time-critical position unfulfilled might be)?

Even if the person broke the terms of the contract, and the contract was considered to be binding (it may not be, you can't contract someone's rights away), a judge may well still be able to apply a "reasonableness" test - C-level exec may have certain expectations on them, a minimum wage position not so much. And further, even if the judge was bound by law to find against the person, actual damages would be extremely difficult to justify: how has the company been harmed? Is it worth spending €50,000 on legal fees to win a €1 award?

Butterbeans · 30-09-2021 12:05am

https://www.boards.ie/discussion/comment/117957217#Comment_117957217

Let's say for a second that they were legally obliged to start the job and work out minimum notice. Would you want someone working for you who's already informed you 2 weeks before employment is to commence that they don't want the job and will leave as soon as they can. Even if it was a months notice, as an employer there'd be no point in training them or getting them up to speed and as the employee, there'd be no motivation to do anything.

It's sh!t for the employer, but it would only delay the whole process of finding someone who actually wants the job.

OMM 0000 · 30-09-2021 12:44pm

https://www.boards.ie/discussion/2058211042/quitting-a-new-job-before-starting

As an employer, it's annoying, but it's also a bullet dodged.

Mrs OBumble · 30-09-2021 9:13pm

It happens. I've had someone start and not come back from morning tea. And someone quit on day 2.

30-09-2021 9:20pm

https://www.boards.ie/discussion/comment/117957277#Comment_117957277

They simply won't turn up on day 1. I would advise notifying prospective employer that it's ' work related stress' at the prospect of beginning employment in that particular company. End of story. As my dear ole granny used to say " you can take a horse to water but you can't make him drink"

usernamegoes · 30-09-2021 9:24pm

https://www.boards.ie/discussion/comment/117958616#Comment_117958616

It's not a bullet dodged. A person has been offered a better job, not sure why you think they'd be a bad worker based on doing the best for themselves.

Jim2007 · 01-10-2021 4:43pm

https://www.boards.ie/discussion/comment/117960909#Comment_117960909

From an employer's point of view, it is usually cheap that the go early rather than send a few months training them etc... so ya it is a bullet dodged.

usernamegoes · 01-10-2021 6:54pm

https://www.boards.ie/discussion/comment/117963993#Comment_117963993

That assumes that they would go early, once they started. They might have started the job and loved it and stayed for years. This says nothing about them other than they look out for their own interests which every employer should just assume anyway.