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Can I rescind an accepted job offer?

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1 Can I rescind an accepted job offer? on Tue Nov 16, 2010 12:51 am

pinkfreak13


Arresto Menor
After some job hunting, I had been offered a job that I accepted, believing that it matches my profile. However, after some soul searching before the 1st day of work, I decided not to continue the job. What are the possible legal consequences of doing so? And if it's legal, how can I rescind the job offer?

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2 Re: Can I rescind an accepted job offer? on Wed Nov 17, 2010 6:49 pm

attyLLL


moderator
your best remedy is to discuss the matter with the HR. if you just don't report or abruptly tell them you are not reporting, you may be liable for damages.

if they insist, you can file your resignation on the first day and work out through the 30 day notice period.


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3 Re: Can I rescind an accepted job offer? on Wed Nov 17, 2010 9:58 pm

pinkfreak13


Arresto Menor
Thank you for your reply sir. I handed over my letter to the HR already. I'm just waiting for their reply. If ever, what will be the damages? I did not receive any compensation from them.

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4 Re: Can I rescind an accepted job offer? on Thu Nov 18, 2010 5:46 pm

attyLLL


moderator
what does your letter say? that you are no longer interested and will not report at all?



Last edited by attyLLL on Mon Nov 22, 2010 1:36 pm; edited 1 time in total


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5 Re: Can I rescind an accepted job offer? on Sun Nov 21, 2010 10:28 pm

pinkfreak13


Arresto Menor
I will send the body of my letter to your email within this week sir. Thank you!

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6 Re: Can I rescind an accepted job offer? on Mon Nov 22, 2010 1:37 pm

attyLLL


moderator
my concern is only if you will give the 30 day notice. that is required by law.


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7 Re: Can I rescind an accepted job offer? on Tue May 10, 2011 2:39 am

dirkdg


Arresto Menor
Hi Sir --> Need your advice

I recently accepted and signed a management post with company A with a signing bonus of 100K to be paid in full on the earliest pay date when I start working with them (which is more than a month from now). I have not submitted any pre employment reqts to them. But I have already undergone Medical Exam and their outsourced background checker has undergone background checks

I am currently receiving potential job offers from other companies, which entices me to retract the employment contract with Company A

My question would be, if this would be a breach of contract, to what extent would they order me to pay with respect to damages / losses? Would it be huge or small claims? I have not received any monetary from them anyway, so I am just confused if what damages they can suffer since I have not even started.

Thanks for any response as this would help me decide if it's worth risking retracting from company A for a better substantial offer from other companies. Iniisip ko lang ang future ko:-)

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8 Re: Can I rescind an accepted job offer? on Wed May 11, 2011 12:31 am

attyLLL


moderator
did you sign a contract that says you will be liable if you do not start the position?


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9 Re: Can I rescind an accepted job offer? on Wed May 11, 2011 6:03 pm

dirkdg


Arresto Menor
Hi Sir,

I've reviewed and there is nothing in the contract that states that I will be liable if I do not start the position.Some parts of the contract states the ff po:

"We are pleased to confirm acceptance of your application for employment and offer you the position xx for xx to take effect on June xx". So that means my joining date / hiring date is on June xx am I right? I signed the contract april xx

"You shall be entitled to a one-time signing bonus xx which shall be included in your payroll in the nearest cut-off period from your joining date. you undertake to remain active for a period not less than 1 year from hiring date. Should your employment be severed/terminated , for whatever reason prior to expiration of minimum period required, you unconditionally undertake to reimburse the company the full amount of the premium"

My understanding is that this would all take effect when I start working with them po right? So pwede pa ako back back-out if ever? Thanks for reading and for your future reply

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10 Re: Can I rescind an accepted job offer? on Wed May 11, 2011 6:17 pm

dirkdg


Arresto Menor
Sir, additional question po. what is the difference b/w joining and hiring date? diba parehas lang yun? why did they use both words kaya in 2 successive sentences in a contract (referring to above) thanks

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11 Re: Can I rescind an accepted job offer? on Wed May 11, 2011 7:53 pm

attyLLL


moderator
in my opinion, you will not face any liabilities if you back out and inform them early. do not do it last minute.


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12 can i rescind an accepted job offer. on Wed May 23, 2012 12:46 pm

jhoannemaried


Arresto Menor
Sir,

I signed the offer and is supposed to report to work June 1, i can not get a clearance from my current employer until after another month because of a pending obligation, here is the clause from my job offer from my supposedly next employer

If in case my new employer would insist but my current employer will also not give me my clearance and i will not be able to get my last pay (that;s a big worry for me). Please help. Here is a clause of the termination of contract from my job offer in case i cant pursue the new job.

Termination of Contract

Either party to the contract of employment may at any time give to the other party thirty (30) days’ notice of his intention to terminate such contract or pay a damage fee equivalent or not less than the amount of the employee’s one (1) full month of basic salary plus any other resulting costs incurred by either party due the other party’s failure to comply with the thirty (30) days notification.

The Management also reserves the right to terminate the contract of employment earlier for failure to meet the standards of the company within the probationary period or extension thereof, and for cause in accordance with Articles 282 to 284 of the Labor Code.

Your other terms and conditions of employment shall be in accordance with that established under the XXXXXXXXXXXX which you are expected to familiarize with upon your employment. As it is of a private and confidential nature, it should only be accessible to all employees of XXXXXXXX and must not at any time be allowed to be removed from the vicinity of the company without prior authorization

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13 Re: Can I rescind an accepted job offer? on Tue Jun 04, 2013 12:00 am

curiousmary28


Arresto Menor
I received a job offer via email last Friday from Company A. They gave me a Tuesday, June 4 deadline to accept or the offer is null and void. I am currently also in the interview process for Company B. I was honest with both companies about my pending applications. I asked Company A if they were willing to give me an extension so I can weigh both options and make the best decision I can. They did not grant me an extension.

Part of me is thinking I should accept the offer and rescind if Company B's offer comes through and it proves to be a better deal for me. I was reading through the posts and I just want to clarify a couple of things. Am I correct in my understanding that a job offer is not the same as a job contract and that it isn't binding? If I were to accept the offer of Company A but rescind before signing the contract and before I start working for Company A, would that be ok from a legal viewpoint?

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14 Re: Can I rescind an accepted job offer? on Tue Jun 04, 2013 7:13 am

attyLLL


moderator
an offer from one party is just an offer, but once accepted by the other party, it becomes a binding contract. rescinding will entitle the employer to damages, but they have to file a case in court to collect.


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