Notice Period & another job offer - advice please

[ourchris]

I could do with some advice, please.

I am in the process of working my notice period, having secured a new job. I have signed a contract with the new company with an agreed start date, and all is well with the world. Completely out of the blue, however, another company have popped up, and offered me what seems to be a more attractive proposition......

I'm not sure what I am going to do yet, but, where do I stand with the company I am due to go to, if I decide to take this other position ? I would appreciate your comments.

[Gargamel]

They will be annoyed, but they will suck it up. Nothing from a legal point of view that they can REALISTICALLY do, but they wil no doubt not be sending you a Christmas card.

[mollymoo]

If you tell them you aren't going to work for them they would be entitled to sue for breach of contract to recover any losses they incurred. If they've already paid an recruitment agency a fee - which can be thousands - and the recruiters won't give them a refund they may well want to recover that loss. If you would be crucial for some upcoming work they may have further losses. Maybe they'd need to hire a contractor at a higher rate to cover the work. It all depends on how important you are to the company - if you're backing out of a job flipping burgers I very doubt they'd do anything, if you're due to star in a Hollywood movie they'll sue the living st out of you.

If you offered to uphold your end of the contract and turn up, but tell them you'll be leaving soon after starting (though no sooner than your contract allows), the company would probably agree to let you go and tell you not to bother starting with them.

Chances are you're a pretty normal person in a pretty normal job and therefore it's unlikely the company would consider you important or rich enough to bother suing either way, but I'd still try and get them to agree as opposed to just telling them you won't be turning up.

[Puggit]

What Mollymoo says.

Your new contract probably includes a probation period with very short notice.

[rog007]

and when you've said yes to this new company, guess what...another slightly better offer comes along...