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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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After negotiating terms, I was provided with an employment

Customer Question

After negotiating terms, I was provided with an employment contract by a prospective employer two weeks ago. I was asked to sign and return two hard copies, and the employer would then sign and return me a copy for my files. I signed that day, scanned the signature page and emailed it to the recruiter; then I overnighted the two hard copies and have documentation that they were received.

The employer has had the hard copies more than ten days and has not yet signed. I seem to have committed to a job that has not been officially offered to me. What are my options?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Until the contract has been countersigned by the employer and a copy placed in the mail to you, you may withdraw your employment application and rescind the contract. Only after the contract is signed by the employer does it become binding on each of you.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I wish you the best in your future,

Doug

Customer: replied 11 months ago.

If I decide to rescind the contract, is there any way to avoid the employer simply signing it upon receiving my letter of withdrawal?

Expert:  LawTalk replied 11 months ago.

Hi Katherine,

1. Notify your recruiter by phone that you are rescinding the contract immediately.
2. Send both the recruiter and the employer written notification of your termination of the proposed employment contract.

It will be virtually impossible for the employer to prove they signed the contract and mailed it to you after they have already received your notice of rescission.

To be legally revoked, all you need do is communicate your rescission of your offer to accept the employment position to the employer and your recruiter before the employer signs and returns the signed contract---thereby communicating their acceptance of your offer.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 11 months ago.
Thank you for your positive rating of my service, Katherine. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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