Withdrawal of Job Offer

Janet

Can anyone help me defend against a sticky situation?!
Just yesterday, we extended an offer of employment to someone, and she is to begin work in 2 weeks. Because she accepted our offer, she has turned in her 2 weeks notice at her existing job. Now our top dogs are telling us not to hire anyone, since our corporate is looking at head count very closely.
How can I convince our top brass that we must proceed with the person to whom we extended the offer? Thanks for your help!!!

Mike Maslanka

Tough stuff...this combines ethics,the law,and intracorporate politics...first,there have been a spate of nasty cases here in texas that have found fraud in these circumstances---the issue is whether the company had any idea when you extended the offer that it might find itself in this situation---and a reckless disregard of the truth is enough...i am not saying the company did,but the quickness between the offer being made and the decision to pull it suggests this may be a situation where the right hand does not know what the left hand is doing...having said that,if the company decides to pull the offer,the right thing to do is to talk to her asap and to tell the truth...there are other issues---if she takes the job,will it be worse for her?---will there be elements in the company that will doom her prospects because they are mad about deciding to not to pull the offer...that would make things worse...not easy answers but knowing the right questions to ask,and the correct issues to consider,is the most important step...regards from texas,mike maslanka,214-659-4668

Janet

Thanks, Mike, for your input. Unfortunately, our company is "Exhibit #1" when it comes to the right hand not knowing what the left hand is doing. Generally it falls to 2 of us in HR to enforce the rules, both legal and moral. So we appreciate your help!

Theresa Gegen TX

I think you need to think this through carefully. The company may have some contractual duties to the employee (for example, if a written offer letter was given that did not have appropriate at will language).

The company needs to make its decision quickly, however, because there is a chance the employee could withdraw her notice from her current employer and keep her job. Especially if she was a good employee and that employer wants to keep her. But once she's gone, she's gone.

Good Luck!!

Rockie

I guess first of all, I would be very honest with the individual about what has happened and assist her in "saving" her present job - even to go so far as to call her present employer if need be. Generally, employers would want to keep good employees and would rather do this than have to go out and recruit someone else

If this is not an option,then the situation could get very sticky. If your offer letter is not worded properly with "at will language" and a "conditional letter of hire", then you have probably formed a contract with this employee and she could sue for damages.

You and your management should be careful to get on the same page with hiring to make sure the position does, in fact, exist at the time an offer is made If there are financial constraints to hiring, these should certainly be brought to your attention before offers are made.

A little communication will go a long way towards preventing these type issues.

Good luck!