The question
I accepted a job offer a few days ago, but another company I was also interviewing with just offered me a much better position. Aside from burning bridges with that first company, do I have any obligation to continue with the first company if I already accepted their job offer?
The first answer
Cynthia Lazar, labour and employment lawyer and workplace investigator, Taylor McCaffrey LLP, Winnipeg
This happens more often than you might think, particularly when employees are in high demand. It is a tough situation, but if you are forthright and polite with the first company, you may avoid burning bridges.
In terms of your legal obligation, once you accept an offer, orally or in writing, you are under contract, and both your employment contract (or offer letter) and the employment standards legislation in your province or territory should be considered.
Many employment contracts require the employee to provide a certain amount of advance notice of resignation. You should offer to work out that notice period to meet your contractual obligation and to help the company while a replacement is sought. The company will most likely refuse the offer, but it will be seen as a goodwill gesture. If the company has spent any money in relocating you to take the job, that amount should be repaid.
Employment standards legislation also provides for the amount of notice of resignation an employee has to give an employer. Depending on the jurisdiction, this usually ranges from zero to two weeks in the first short while (often 30 to 90 days).
If you fail to give the notice required by contract or legislation, it is possible that the company may sue you for “wrongful resignation” but this is unlikely, as these lawsuits are almost never worth the expense.
If there is a union at your workplace, other rules may apply, and you should consult with your union representative.
The second answer
Jermaine Murray, founder, Jupiter HR, Toronto
This may be controversial, but you should 100 per cent feel no remorse and take the offer that makes you happiest.
While it’s true that accepting a job offer and then retracting it may leave a bad taste in someone’s mouth that can potentially burn bridges, it’s also important to consider your own career growth and opportunities. Let’s be honest, today’s job market is absolutely brutal.
Employers have been consistently playing games with the livelihood of their workers. Layoffs, rescinded offers, there’s no shortage of employers prioritizing their bottom line over their people. So in my opinion it’s expected that employees and employers alike seek the best deals for themselves.
Your measure of success and what defines your needs should be around the best needs for your family, your own professional development and personal well-being. If the second offer provides a significantly better opportunity in terms of financial remuneration, career progression, work-life balance or whatever aspects are most important to you, I say, you gotta do what you gotta do, and the needs of your family trumps all.
If you choose to accept the second offer, it’s important to communicate your decision to the first company as soon as possible. Maintain a tone of professionalism and try to deliver the news as respectfully as possible.
You can provide a clear explanation for your decision, citing salary while still showing gratitude for their offer and expressing regret for any inconvenience caused.
Furthermore, remember that your industry may be smaller than you think, and your paths may cross with these individuals again. Thus, it’s important to leave on as positive a note as possible, despite the circumstances.
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