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Post Info TOPIC: canceling a work contract


Newbie

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canceling a work contract


Hi,

A new employee came to sign a work contract with his new employer.

Before signing the contract, his employer regretted accepting the new worker and decided to cancel the contract.

My question was: does the employer have any obligations to the employee, if the contract wasn't signed in the end?

Can the employee sue for anything?

Many thanks!



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MindyC


Forum Moderator & Expert

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Hi Mindy,

although contract law of pretty stable the case law around it is forever changing so the people here at best could give their view based on prior experience and the applicable case law when they took their exams.

Are you asking from the perspective of the wronged potential employee, as representation of the firm or management of the firm?

Employment law is a little different to normal contract law in that a valid contract can be formed by a handshake and a "See you monday" unless it has been specified that the contract of employment does not exist until (say) all vetting procedures have been performed and a contract of employment signed by both parties.

Wishful thinking that they had done that up front does not mean that a potential employer can go back and rewrite the rules to apply in retrospect.

Even from normal contract law, it sounds as though offer was created, the potential employee by their actions of turning up to sign the contract showed acceptance of it and there is a promise of considertion. Offer can only be recinded before valid acceptance of it. Personally (emphasis on personally) I think that the potential employee may have grounds.

My advice is that you should seek legal council from a specialist firm that deals with employment matters... Which may of course cost more than the employee would have cost for their probationary period... You do have a probationary period in the contract don't you?

bit of a faux par in your question as well in that you ask "can the employee sue for anything?" which in itself indicates that they are already perceived as an employee.

Shaun.



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Shaun

Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.



Master Book-keeper

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How long had the employee been working for the employer when the employer changed their mind?

Why did the employer change their mind?

As Shaun says, how long is the probationary period?



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John

Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Forum Moderator & Expert

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Leger wrote:

How long had the employee been working for the employer when the employer changed their mind?

Why did the employer change their mind?

As Shaun says, how long is the probationary period?


Hi John,

not seen you around in a while matey. Hope that everything is good with you.

With this one I read it that they had not even started work but rather they got offered the job, came in to sign their contract and the emploter had changed their mind.

The scenario that went through my mind was what if the potential employee left a job to move companies and then the rug was pulled?

On the probationary period I mentioned that as determining at the end of the set probationary period that the fit was not good may be less problematic than withdrawing the offer.

Emphasis for Mindy though is to get an expert in employment law abreast of the latest case law involoved.

Talk soon matey,

All the best,

Shaun.



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Shaun

Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.



Newbie

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Posts: 2
Date:

Hi,

Just clarigying that the potential employee had not even started work.
He only came in to sign the contract, when the employer changed his mind.
And there was no probationary period in the contract, which anyway was not signed in the end.

I'm asking from the perspective of the wronged potential employee, who came to me for advice.

I guess the best thing would be as Shaun advised, to send him to an expert in this law.

Many thanks!

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MindyC


Master Book-keeper

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Posts: 3802
Date:

In that case, I agree with Shaun that there is a potential breach of contract.

However, we are UK based and I've just noticed from your profile that you are in America, so the rules may be different.

Anyway good luck to the wronged person, I hope he is successful.

Hi Shaun

I'm good matey thanks, things steady, just gearing up for tax return season!! I wasn't sure if s/he'd already started and the employer though oh heck we've a right one here, but Mindy has clarified it. I'd be spitting feathers if that was me.



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John

Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.

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