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LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 27269
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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If someone accepts a job offer an signs an agreement. Can

Customer Question

If someone accepts a job offer an signs an agreement. Can they change their mind after a not take the position?Example work for firm A....receive an offer from firm b....accept the offer an sign an agreement to work for them on a date a few weeks down the line. After start to learn about some other factors ad decide you'd rather stay with firm A and not go to firm b. This would apply to Florida
Submitted: 2 months ago.
Category: Employment Law
Expert:  LegalKnowledge replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Customer: replied 2 months ago.
Great!
Expert:  LegalKnowledge replied 2 months ago.

Good afternoon. Is there any type of clause in the contract about not starting or breaking the contract? Did they sign any non-compete clause or anything like that? I am just trying to get a better understanding of the decision and how/why this happened?

Customer: replied 2 months ago.
No, it just states that once signed the offer is accepted upon confirmation of background check a all that. Hasn't started working for them at all.The person that works for firm A accepted the job at firm b. But has decided upon reviewing the firm and a few other things mainly personal does not want to go through working there and would prefer to stay at firm A. He hasn't resigned from firm A to date
Expert:  LegalKnowledge replied 2 months ago.

Thank you. If he signed the contract and accepted the offer, it would be binding. Of course, if he no longer wants to work there, he can advise them of that and not start and take the position. Now, they can not force him to work there, so the issue would be what, if anything, they could do, IF they suffered damages and/or there is a clause in the contract, that would allow them to go after him for damages, for the breach. If he did not start yet and they did not suffer any damages, it would be hard for them to sue him and unless there was something signed by him that would restrict working for a competitor, their remedies would really be limited and they may not waste the time, effort or money, to try and go after him. He can certainly change his mind and not take the position and let them know and the burden and decision would then shift to them, to take action, if any.

Customer: replied 2 months ago.
they could actually see him for changing his mind?
Customer: replied 2 months ago.
Sue*
Expert:  LegalKnowledge replied 2 months ago.

It depends on the contract and the terms and conditions stated within and their ability to show damages. Often times, for something like this, they may try and restrict his ability to work for a competitor, which could mean staying with his current employer.

Expert:  LegalKnowledge replied 2 months ago.

I am not saying this will happen but if he does not want the job, he should speak with them and simply try and resolve this and walk away.

Customer: replied 2 months ago.
Is there a way he can review his contract with someone. Just to get an opinion. He is afraid to give hem notice that he can't take the job for personal be reasons because of potential repercussions
Expert:  LegalKnowledge replied 2 months ago.

He can post a question on the site and see if there is an expert who would review it, if he desires but I am not able to, as it is outside the scope of what I am able to do. Thank you for understanding. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 2 months ago.
What clause in a contract would someone look for? And what damages would there be if he didnt start? No non-compete was signed that I am aware of
Expert:  LegalKnowledge replied 2 months ago.

There should be a damages clause or something that clearly addresses if not taking the job or leaving or quitting. In this situation, the damages would be hard to determine, which is why there is typically a clause that addresses this, with the remedy to be preventing him from working for a competitor. He can read it and in the contract, it will be clear, what he can and can not do. Depending on his role with the company, they may just allow him to walk away and hire someone else.

Expert:  LegalKnowledge replied 2 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LegalKnowledge replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!