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I accept a job offer and the start date was March 19. I

I accept a job...

I accept a job offer and the start date was March 19. I asked for an extension and I am suppost to start on April 3. I want to decline this job offer because my present employer has offered me my dream job am I legal bound to start the job with the new employment and can they contact my employer that I work for now regarding my decision not to take the job

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

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Answered in 1 minute by:
3/22/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,920
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

Does the contract talk about notice if you want to terminate it?

What province is this please?

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Customer reply replied 1 month ago
I haven't signed a contract only a letter offer with the original start date of March 19. I haven't signed anything with the new start date apr 3 o live in ontario
Customer reply replied 1 month ago
R I still on line
Customer reply replied 1 month ago
Hello r u on line

Yes I am. This is not an instant chat.

I am composing the answer now.

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Customer reply replied 1 month ago
Ok thank you

The law in Ontario is that an employee may resign at any time without providing any notice unless their contract require notice. Yours does not as there was no agreement, verbal or otherwise, that requires you to give notice.

For this reason you have the right to resign immediately.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 1 month ago
No I haven't started the new job o am asking is there any legal issue if I decline the new job offer after asking them to extend the start date

I know you have not started the job.

It is unfortunate that you had to keep them waiting but the law is clear and as you were not required to provide notice of termination of the employment arrangement as a term of your contract you don't have to provide notice.

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Customer reply replied 1 month ago
I haven't signed a contract only the original job offer letter with the start date March 19
Customer reply replied 1 month ago
I am afraid they might contact my employer that I am still working for to discredit me can they?

Yes they can but that would be completely unprofessional.

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Customer reply replied 1 month ago
What if they do can I lose my present job

Yes. There is nothing to stop your current employer for dismissing you.

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Customer reply replied 1 month ago
Even if I haven't resigned

An employer can always dismiss an employee and if they find out you accepted another job sure they can but really you have shown them that at the end of the day you chose them.

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