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Backing out of a job last minute.

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  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    If this were an actual senior position that he had found, rather than more senior to the one he already had, I would have expected the employer would not be so lax about references and written contracts.  So I think it very unlikely that this is a position where they would go to the trouble of suing for breach of contract, especially as the actual nature of that contract is in doubt. 
    I suppose its all relative but I'd consider it an actual senior position. Its a director level appointment and not far off a six figure salary. That's why he felt he had to accept it. To be honest I'm stunned that any firm wouldn't have a two stage process of issuing a conditional offer, then doing their checks, then offer a contract once those checks have been completed. 
    Then he should decline both... a Director requiring mum's review of contracts etc (who is clearly not a lawyer) clearly isnt ready for a directorship and needs to learn more before they are going to be able to do the job... are you going to be on a teleconference on each board meeting in case they ask him a question?

    Offers are almost always conditional subject to references... you cannot realistically get references from your existing employer without effectively hading in your notice so this idea of "don't resign until the offer is unconditional" creates a chicken/egg issue. You resign after accepting the conditional offer. 

    The answer however is that he should take the new job... his card is marked with his existing employer... they may offer something else to keep him around for a little bit to replace him but they know he's willing to be tempted away so won't invest in him.  
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