Legality in Offer/Agreement LetterI need some input regarding an atypical offer letter. I' ve accepted offer letters in the past which only had the signature of an upper manager within the company wishing to hire me. Recently, I was made an offer to join a new company. In the offer letter, they had an area where both the company management representative signed and an area where I was to sign. I did so as I was nearly certain of hiring with the company. The letter appeared as a simple offer letter with information outlining basis salary, vacation, health insurance, etc information. It was not titled in any particular fashion. My current company has recently made a counter offer which was unexpectedly generous and now, if I wanted to remain with my current employer, would there be any legal issues with regards to me signing the acceptance letter/offer? I' ve investigated on the web but haven' t found any similar situations. Sending them a letter politely rescinding your accptance. What can they do, insist that you come to work for them? If you don' t, what can they do, not pay you? OK, you show up on the first day, walk in and say, "I QUIT!". Then walk out. You have made the decision to leave--do so, and don' t look back. The situation at work has not changed--but they want you to stay...or do they? Management made you an offer to stay--but did they give you an ironclad contract they would keep you on payroll? I would say "not". Where' s the contract? So, guess who has their delicate parts hanging out, with no backup job offer(s) if management decides you are suddenly "unreliable" and they let you go--after finding your replacement (2-4 months, max)? If you want to stay w/your current employer, do so at your own risk. Do some research and you'll likely find that a goodly percentage of people who do what you do (give notice, then get talked into staying on at a better salary) are often the first to be shown the door when reorganization or layoffs hit, or are let go as soon as they can find someone to do your job at your old salary, or less! You're now perceived as a worker who will leave as soon as somebody else dangles more $$ in front of you. Was money the only reason you went out & looked for a new job? If it was, and you'll be happy from here on in at your current job, and you think you have a good enough relationship with management, who knows? You might make out OK over the long run. But if it was more than money, those issues probably won't change. And, finally, if they now think you are worth such a generous increase, why weren't they paying you that much before? I believe companies should reward great work with good pay, and that one should not have to give resignation notice to be paid accordingly.... It is, of course, your call entirely; do what you think is right for you! The advice about not accepting a counter offer is sound. But to answer your question, the offer letter is not really binding. They could fire you on day 1, rescind the accepted offer or change it before or after you start. The offer letter is just a means to get everyone's understanding of the pay, benefits and responsibilities of the job. Nope! An offer letter is not an "employment contract," so you can withdraw your acceptance by simply calling the prospective employer and telling them you' ve changed you mind - just the same as the employer could withdraw the offer. The offer letter merely reduces to writing the basic information about the job - as you pointed out, but it' s not an employment contract that is legally binding on both parties - you and them. As a manager, I have countered to retain employees. In some cases the threat of departure is the only leverage a manager has to get more money for their folks. Many companies have retention goals, and manager bonuses depend on retention levels, so retention is a two-way street and the fact you were ocnsidering leaving is not necessarily and future indicator they will fire you, or have issues with you, etc., I know of several people in my company who have had the threatent oleave, get job offers in hand, transfer to other departments, etc., to get their pay adjusted. It happens more often than you think. If you are a decent performer and your current company gave you a counter to stay, I recommend staying, especially if you are closer to being vested, getting more vacation, and you are meeting your financial goals. As I mentioned to another poster, a promotion with the same company looks better on your resume than job hopping. If the end goal is the same...why bother changing companies? Sometimes a manager' s hands are just tied, they can only do so much or the policy governing all increases is a certain range, etc., the only time they can get extra leverage is when you give it to them. You can always be replaced or fired at any time if you are in an at-will state. That goes without question, but the expense of hiring a new person in, the knowledge capital lost, and the salary they may have to start the person at could be more or less than you are at now, but not to the degree that HR is going ot hold a vendetta against you and in a few months can you in retaliation...that is risky and rediculous and would be irresponsible of them. You know the most an employer faced with this situation can do is - help you get on a career path to retain you, help you with a promotion or transfer, or give you an increase...what more can you ask for? They could have just said, thanks - have a nice day.... I don;t know what some people want, the employer to turn back time? I mean you accept a job at a certain pay rate and look ahead at the income potential based on standar dincreases, and if you arent asking in your job interviews, you should be asking what the standard raise range is , the performance levels required ot reach them, the frequency of raises, how promotions and merit increaes work. I think a lot of people are seriously deluded when it comes to how much power and control their managers have over salaries and increases. I think alot of people take things persnally they should not, and I don' t agree that a sudden "increase" thats very "generous" is sly or underhanded or is an admission of underpaying you to being with. It is the employers gesture to retain you, hopefully for the long haul and not have to go through this again. Take it and be thankful you even have the choice. PS. On a cautionary note, this is an event that likely will only be a one time chance at your employer, so you had better make it worthwhile. Don' t expect to do a repeat in two years.... be humble and greatful. If you attitude is not one of humility and gratitude, but one of still feeling jipped, then you should probably not stay. If you are unhappy with your pay you should get on a path to get progression, move up, take training, get more qualifications, find out what it takes to get to the next level and go after it....Management can not help you progress ahead or address your salary concerns if they are unaware...and a resignation letter - unexpected - is not the best way to go about it. | |
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