Offer v Contract? Is it binding?

ssm90

Hello,

I just want to check if I'm in a position where I have no choice.

I recently got offered a job. I was asked to sign an Offer document - this clearly states the employer can withdraw the offer at any point if I fail background check, credit check etc. However, it did not mention that I, as the employee, can choose to back out too. I assumed I could back out and signed the offer document which briefly highlighted terms and benefits etc.

Since signing it, I have been counter offered a role in my current position which I want to take. However, I have now received the final contract for the new job which I have NOT signed yet.

Am I legally obligated to accept this new job because I signed the offer document? Or can I reject the offer as I have not signed the contract yet?

Thank you 

Thrugelmir

No one is forcing you to start the job. The employer would prefer to know now rather than later. 

74jax

What was the notice info in the offer?

Be careful about staying. A company that only keeps you by countering doesn't hold much weight to me. Why not offer that deal earlier, is it because they thought less of you then, but more now you are leaving....

If you were unhappy enough to job search, interview and accept, make the jump and tell your current company 'tough'. 

ssm90

Ive read on some sites that if the offer document (not the contract) is unconditional, then you are legally bound even if you haven't received the contract yet. This offer document states that it is conditional but only mentions the employer can withdraw the offer and not me, so I just wanted to check how that worked from my point of view. Edit- I should add that these sites have stated that the new employer could sue you if you change your mind, but wasn't sure if that applied to me at this stage.

74Jax - I am 100% on your wavelength, but I can confirm that is not the case here, it's quite complicated to go into the detail here. If I thought at all that they didn't value me I would even be considering the counter offer.

TELLIT01

Just contact the company you had accepted the job with and tell them your personal circumstances have changed and you will not be accepting their job offer.  My wife had a situation where she had actually returned the signed contract when an offer for her preferred job came through.  She contacted the company she had accepted the job with and they were OK about it, if disappointed.

Undervalued

ssm90 said:

Hello,

I just want to check if I'm in a position where I have no choice.

I recently got offered a job. I was asked to sign an Offer document - this clearly states the employer can withdraw the offer at any point if I fail background check, credit check etc. However, it did not mention that I, as the employee, can choose to back out too. I assumed I could back out and signed the offer document which briefly highlighted terms and benefits etc.

Since signing it, I have been counter offered a role in my current position which I want to take. However, I have now received the final contract for the new job which I have NOT signed yet.

Am I legally obligated to accept this new job because I signed the offer document? Or can I reject the offer as I have not signed the contract yet?

Thank you 

Theoretically yes although I suspect it is a moot point.

Technically you are obliged to give them whatever notice has been agreed. You can do that now but if it takes you past the start date theoretically you are contractually obliged to turn up and work until the end of your notice.

However the chances of them wanting you to do that, let alone trying to force you to do so are slim to non-existent.

DayDreamerandGeneralWaster

Does the counter offer address the issues that made you start looking in the first place though? 

MalMonroe

You said this " However, it did not mention that I, as the employee, can choose to back out too."

So what can they do if you DO back out? There is nothing in writing, you have not yet signed anything to say that you will not back out. 

I have done a similar thing in the past. It was very embarrassing as I felt so guilty that I went in person to explain the situation to the boss of the company I was rejecting. He was very understanding though. Usually employers interview more than one person for every vacant post, so the next person on the list will surely be offered the job. It's no good starting any job you don't really want when you've been offered one that you do really want.

So don't sign the actual contract. But do tell them as soon as possible so they can get that second-best person in post. 

[Deleted User]

If you've been offered a promotion/rise in role with current Employer and go on to accept, might that stop them writing a reference for you anyhow? Thus deemed as failing anyhow. 

I'm leaving my position for a role higher/unable to progress where I am currently and I suspect my Manager is waiting until I've actually left the building before even doing the reference, as is their prerogative (and of course to provide no reference, but, least I have already asked) but which then completes the final check for me.

getmore4less

Does the offer document say anything about acceptance of the offer.

Signed just say you have seen the offer it would need something specific to become I accept your offer.

As it was condition  you would not be resigning till unconditional.

If the current employer has increased their offer, go back to the potential new one and give them a chance to counter offer.

As said you need to be sure your current employer has fixed all the issues that got you looking.

Beware  promises plenty of times people report they never materialise.
Even consider negotiation to up the current employers offer.