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Snoochems

Offer of employment...

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Hypothetically, say I had a friend who had a friend who had a friend... and this guy applied for two jobs.

 

Lets say, for instance, he would ideally like to see what both potential employers offered in terms of salary and benefits etc etc BEFORE making his mind up on which one to go for. Either job would be better than his current job for reasons unknown...

 

Potential Employer A gets in first with a reasonable offer. They would like to know if this guy would take the job. Now this guy politely tells employer A that he is indeed very interested, but confesses he would like to hear what Potential Employer B has to offer before making a decision.

 

Upon hearing this, Potential Employer A soon gives this guy an ultimatum... "we need a decision today".

 

This guy then signs the contract with Employer A, reasoning that a bird in the hand is better than two in the bush.

 

About a week later, Potential Employer B finally comes to the table with an offer that exceeds this guys expectations. This guy would much rather work for Employer B, but as already stated, has already signed the Offer of Employment with Employer A. The contract contains nothing in it regarding any legal obligation to remain with Employer A. The only thing that would be relevant would be that either party (this guy or employer A) could terminate the contract given one calender weeks notice within the first three months of employment. As this guy hasn't even started working for employer A, this would be considered within the first three months.

 

So, can this guy safely tell employer A that he does not want to work for them, and instead just sign up with Employer B?

 

Or should this guy just seek professional legal advice?

 

This guy is a bit confused and pissed off that the ultimatum was given in the first place.

 

...hypothetically speaking...

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The contract contains nothing in it regarding any legal obligation to remain with Employer A.

If that's the case...go for your life.

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The contract contains nothing in it regarding any legal obligation to remain with Employer A.

If that's the case...go for your life.

 

Yeah, that's what I think... but... this guy still wonders...

 

The job with Employer A was through a recruitment agency. How do these agencies work? Do they get commission for each person they employ? This recruitment agency guy is very pushy. Upon hearing that this guy had applied for another job as well, the recruitment agency person said he respected this guys decision to hear what Potential Employer B had to offer, yet the very next morning, this guy had a message on his phone that Employer A NEEDED a decision today. WTF? He also insisted on a reference from this guys current direct manager, even though this guy didn't want to let his manager know he was looking for another job. Fair enough maybe, but Potential Employer B seemed to have understood that this guy didn't want his current employer knowing he was looking for another job.

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Who cares

An employer cannot force somebody to work for them

Your friend (*wink*) has two feet and can simply not walk through the door

 

Employer A will be pissed, he will get over it

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The contract contains nothing in it regarding any legal obligation to remain with Employer A.

If that's the case...go for your life.

 

Yeah, that's what I think... but... this guy still wonders...

 

The job with Employer A was through a recruitment agency. How do these agencies work? Do they get commission for each person they employ? This recruitment agency guy is very pushy. Upon hearing that this guy had applied for another job as well, the recruitment agency person said he respected this guys decision to hear what Potential Employer B had to offer, yet the very next morning, this guy had a message on his phone that Employer A NEEDED a decision today. WTF? He also insisted on a reference from this guys current direct manager, even though this guy didn't want to let his manager know he was looking for another job. Fair enough maybe, but Potential Employer B seemed to have understood that this guy didn't want his current employer knowing he was looking for another job.

 

Don't worry about the agency. Yea, they can be pushy but at the end of the day, it's the contract between YOU and the EMPLOYER that's important.

 

Most agencies only have a contract between THEMSELVES and the EMPLOYER, not with the potential EMPLOYEE.

 

Let them fight it out. It shouldn't have anything to do with your friend and HIS contract with his potential employer.

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Someone is about to lose lots of money, if you've(your friend of a friend of a friend) gone through a recruitment agency....

 

 

 

but chances are that person isn't you.

 

 

 

Leave Emp A, join Emp B, and hope you made the right choice.

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IANAL.

 

TMFP ANAL too.

 

laptrip ANAL as well.

 

I'm guessing there's some kind of government department or branch that deals with these issues though. They ANAL, but they should give solid advice.

 

*EDIT* Caelum definitely ANAL.

Edited by tantryl

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Someone is about to lose lots of money, if you've(your friend of a friend of a friend) gone through a recruitment agency....

 

 

 

but chances are that person isn't you.

 

 

 

Leave Emp A, join Emp B, and hope you made the right choice.

I'm sorry, but could you PLEASE explain what you mean buy "Someone is about to lose lots of money". Do recruitment agencies take a slice of the pie in a employee contract or something? Is that why the recruitment guy is so pushy etc?

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IANAL.

 

TMFP ANAL too.

 

laptrip ANAL as well.

 

I'm guessing there's some kind of government department or branch that deals with these issues though. They ANAL, but they should give solid advice.

 

*EDIT* Caelum definitely ANAL.

 

What crap, this has nothing to do with lawyers.

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Someone is about to lose lots of money, if you've(your friend of a friend of a friend) gone through a recruitment agency....

 

 

 

but chances are that person isn't you.

 

 

 

Leave Emp A, join Emp B, and hope you made the right choice.

I'm sorry, but could you PLEASE explain what you mean buy "Someone is about to lose lots of money". Do recruitment agencies take a slice of the pie in a employee contract or something? Is that why the recruitment guy is so pushy etc?

 

 

 

Employment agencies typically get paid a percentage of the employees salary as a 'finders fee'.

 

 

ie, if your salary was 50,000, they might take 5% of that as a finders fee, in that case $2500.

 

more often, it'll be more than 5%, closer to 8 or 10%.

 

 

I have heard, in some cases of high salaries, they take up to 15%.

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There's more anal on these forums than the gaybutts.com website.

And you know of that website personally, or through a friend of a friend of a friend?

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Someone is about to lose lots of money, if you've(your friend of a friend of a friend) gone through a recruitment agency....

 

 

 

but chances are that person isn't you.

 

 

 

Leave Emp A, join Emp B, and hope you made the right choice.

I'm sorry, but could you PLEASE explain what you mean buy "Someone is about to lose lots of money". Do recruitment agencies take a slice of the pie in a employee contract or something? Is that why the recruitment guy is so pushy etc?

 

 

 

Employment agencies typically get paid a percentage of the employees salary as a 'finders fee'.

 

 

ie, if your salary was 50,000, they might take 5% of that as a finders fee, in that case $2500.

 

more often, it'll be more than 5%, closer to 8 or 10%.

 

 

I have heard, in some cases of high salaries, they take up to 15%.

 

Holy shit batman.

 

Might explain a few things. **calculates the 'finders fee' for my friends friends friend**.

 

And WTF is meant my '*ANAL'?

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IANAL.

 

TMFP ANAL too.

 

laptrip ANAL as well.

 

I'm guessing there's some kind of government department or branch that deals with these issues though. They ANAL, but they should give solid advice.

 

*EDIT* Caelum definitely ANAL.

 

What crap, this has nothing to do with lawyers.

 

So you don't think breaking a signed contract might in some way relate to labor and contract laws?

 

Plus I was kind of filling the void left by 1shot and how he's all about the IANALs.

 

*EDIT*

And WTF is meant my '*ANAL'?

Sorry, I figured since you've been around so long you would have seen one of 1shot's many IANALs.

 

IANAL = I Am Not A Lawyer.

 

Yes, it doesn't really work with *ANAL, grammatically. But it's an excuse to write the word anal in uppercase. You understand.

Edited by tantryl

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Just talk to Employer A and tell them straight up, you appreciate their offer and everything, but another position has been offered to you and you think it would be better for your career in the longrun if you take it.

 

It all comes down to the fact that, it's your life, and you're the one stuck working with whichever employer you choose, it's all business, it's nothing personal against them and you have to do what's best for you, whether it's taking a job with better money or that you'll enjoy more, whatever, in the end there is no point you just sticking with Employer A out of some misguided feeling of obligation while secretly kicking yourself for not taking the other position.

 

If you haven't started working with them, chances are there may be a cooling off period for you to change your mind or request alterations with the contract.

 

Don't worry about the recruitment agency, their obligations are to the employer not the job seeker (i.e. you). The sooner you tell Employer A, the better, because they've probably got all the info for all the other job seekers they chose you over, and it'll be easier for them to replace you now than if you work for them for a short period and leave suddenly when you realise you don't want to be there.

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Stuff the agency.

 

Your legal, np.

 

Just be prepared for abuse from them if they could be bothered. In which case :{p for them.

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All employment contact have an explicit or implicit "trial period"

During this time either party can decide that it is not going to work out and end the contract (but with a short termination period). You may have to work for 1 week but realistically, Employer A knows that they are not going to get anything useful out of you so they will choose to dissolve the contract.

 

The employment agency will only get their money after the end of the trial period anyway but they will be pissed. Don't expect that agency to help you find employment in the future.

 

IANAL

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Someone is about to lose lots of money, if you've(your friend of a friend of a friend) gone through a recruitment agency....

 

 

 

but chances are that person isn't you.

 

 

 

Leave Emp A, join Emp B, and hope you made the right choice.

I'm sorry, but could you PLEASE explain what you mean buy "Someone is about to lose lots of money". Do recruitment agencies take a slice of the pie in a employee contract or something? Is that why the recruitment guy is so pushy etc?

 

Labour Hire company's make around $11 for every hour that their employee works and up to $30p/h when overtime kicks in, obviously Super comes out of that, but it's still a hefty profit if they can keep someone permanently employed. I'm not sure how different a recruitment agency is, but I'd assume it's similar.

 

So you can see why they are rabid about keeping staff on their books.

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Even if the contract DID say you had to stay, about al they can do is withhold super andthat weeks pay.

 

small price to pay if the other is that muc better

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Most contracts have a trial clause period that lines up with an employee's legally required probationary period. Usually in the first 3 months of a job you can leave a lot sooner then if you had been with the company past that 3 months. I would say that you have Employer B be told that "yes, i'll love to work for you, and i can start on X" then tell employer A immediately that you're quitting and provide B the length of time you're meant to notify Employer A (as noted in the contract for the trail period for a value of X.

 

Ie: Employer A - Give us a week' notification during the first 3 months if you wish to leave our employ

tell employer B "I can start in 1 week"

tell employer A "Shove it, i'm leaving".

 

You're contractually safe there, don't even really need a lawyer when it comes down to it, just common sense.

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Guest MrInsaneBuff

Depends on the industry. If its a big industry and no one really talks to anyone outside their own company, then its not a problem. But if its a small industry, and everyone know's everyone, and they know their shit too.

 

Well lets just say be very careful. If things dont work out with emp b, the word might have got arround not to hire him cos he is just looking for a bigger paycheck and doesnt care about his employer.

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Fuck the agency. Their only loyalty is to themselves. Why should yours be any different?

 

Employer A will get over it, and if they don't, it'll be the agent that gets a bullet, not you. If I were Employer A I'd prefer you pike out on me now than after I've given you your Dilbert cubicle.

Edited by freck

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