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From the Northeastern Section of the ACS, focusing on career management and development
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10/07/10
Two offers. Legal considerations when offer is rejected
Filed under: Networking, Job Offer (Situations), First Year on Job, Legal matters
Posted by: site admin @ 9:05 pm

This blog entry is a continuation of a previous
negotiation where a member has received two
offers.  See the factors in negotiation  1  .

He has decided to reject the previous offer.
So, he accepted the second offer first and
arranged a househunting trip the week before
starting.

SITUATION
Email:  “Dear Dan,

I would like to tell you that I arrived yesterday

in … to start working for H… beginning October 11.
I am currently looking for apartments here.”

“I also thought to update you with the situation
that might arise in future related to previous
company Es….”   I turned them down a week
ago.  “They seemed to be angry.”

“Yesterday, I received email from the Es…
manager saying:

You may want to prepare for a breech of implicit contract
and damages suit.”

“I did not sign any contract with them except
company application form and acceptance email.

The application form indicated that the employment
is “at will”.”

“This new situation might arise has made me worried.

“I need your advice and suggestion to avoid breach
of implicit contract and damages suit.”


DISCUSSION

It does not appear that an enforceable contract exists
between the two parties.  Nonetheless, I reached out
to several employment attorneys for their input,
Asking:

Should I tell the new company that I might have a
“complication?”

Should I respond to that email?

Should I hire an employment attorney?

In short, he should not have to inform his new employer.
There is only a need to respond in some manner, if
you feel you are being harassed.  In that case, you
may request an attorney to draft a “cease and desist”
letter, as one attorney recommended.
Pleased read the following comments for more
comprehensive legal advice.
[See also 2  .]

3 comments