I have accepted a job offer for a business company, but found another
position (which is an academic position) may be more appropriate for
me. I have not begin to work, but will very soon.
My question is: can I apply for the position which is more interesting
to me? In addtion, what is the genearal practice to apply for a new
job after acceping a job offer?
Thanks!
nobody
08-03-2004, 05:33 PM
"anoy69" <zwang5@hotmail.com> wrote in message
news:nniqg011jfl9nfhhkrn8ogh8moj895n070@4ax.com... Dear all, I have accepted a job offer for a business company, but found another position (which is an academic position) may be more appropriate for me. I have not begin to work, but will very soon. My question is: can I apply for the position which is more interesting to me? In addtion, what is the genearal practice to apply for a new job after acceping a job offer? Thanks!
If you do not have an employment contract, you are employed at will (you can
get fired at any time) and you can quit at any time. It is customary to give
2 weeks notice if they want it (not likely if you have not started work).
I think you should also consider what money (if any) they have spent hiring
you, and what negative financial consequences that they may incur by you not
showing up for work, and try to help them minimize any such adverse
consequences if possible. However, you are not legally obligated under
statutory law to do. They could file a law suit for damages, but that is
very unlikely.
John A. Weeks III
08-03-2004, 05:33 PM
In article <nniqg011jfl9nfhhkrn8ogh8moj895n070@4ax.com>, anoy69
<zwang5@hotmail.com> wrote:
I have accepted a job offer for a business company, but found another position (which is an academic position) may be more appropriate for me. I have not begin to work, but will very soon.
My question is: can I apply for the position which is more interesting to me? In addtion, what is the genearal practice to apply for a new job after acceping a job offer?
Of course you can. The practice is to submit a resume and cover letter.
Some academic positions require a CV rather thana resume.
We work in an "at will" society. You can quit or be fired at any
time. You can work one day at a job, decide you don't like it, and
walk away if you want. There is no moral or ethical problem with
looking for a better job, even if you haven't started the job that
you just accepted. Of course, an employment contract or union
agreement modifies these terms.
Since you sound like a pretty high class person, you may want to let
the place know where you just accepted the position that you have
found anohter opportunity that you want to investigate. This lets
them know what is going on. They may have a back-up candidate that
they want to go after. They may be happy to have you work while you
can, or even take the risk that your other job opportunity falls
through. Communication is a high class thing to do, but it carries
the risk that they just eject you, and you end up with no jobs.
-john-
--
================================================== ==================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
================================================== ==================
Stan Brown
08-03-2004, 05:34 PM
"anoy69" <zwang5@hotmail.com> wrote in misc.legal.moderated:I have accepted a job offer for a business company, but found anotherposition (which is an academic position) may be more appropriate forme. I have not begin to work, but will very soon.My question is: can I apply for the position which is more interestingto me? In addtion, what is the genearal practice to apply for a newjob after acceping a job offer?
Have you signed an employment contract? I don't mean an offer
letter, I mean a contract that you will work for them for a stated
period of time. If you haven't -- and you probably haven't -- then
legally you're in the clear.
Turn it around -- if the company had a better candidate walk in the
door before your start date, they'd also be free to tell you "no
thanks, we changed our minds". This is what is meant by "employment
at will", and it's the law in almost every state.
Someone once said that the difference between a white-collar job and
a blue-collar job is that the b-c worker hates a new job for two
weeks and then says "This is a lousy job, I think I'll quit" but the
w-c worker takes a year to do the same thing. Regardless, unless you
have a contract you're free to quit (or be fired) at any time, even
before you start.
That's the _legal_ position. As a _practical_ matter, you'll want to
think carefully about whether this is likely to damage your future
job prospects. Some industries in some cities are tight little
clubs, and if word gets around you may have a hard time applying for
jobs in the future. On the other hand, it's entirely possible
there'd be no adverse consequences at all. You can (and should,
IMHO) talk to the hiring manager and say forthrightly, "This is a
great company, but I've just come across my dream job and it
wouldn't be fair to you to come to work here while I'm always
thinking about the one that got away."
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
Paul Cassel
08-03-2004, 05:34 PM
anoy69 wrote:
I have accepted a job offer for a business company, but found another position (which is an academic position) may be more appropriate for me. I have not begin to work, but will very soon. My question is: can I apply for the position which is more interesting to me? In addtion, what is the genearal practice to apply for a new job after acceping a job offer?
Unless you signed an employment contract or verbally bound yourself to
work for the commercial company, I can see no reason why you can't phone
or write a letter declining its offer of employment. I don't even think
you need give a reason.
I can see nothing hindering you from applying for the academic position
without regard to your current job offer again, unless you have somehow
bound yourself by contract to the commercial company.
-paul
ianal
Christopher Green
08-03-2004, 05:34 PM
zwang5@hotmail.com (anoy69) wrote in message
news:<nniqg011jfl9nfhhkrn8ogh8moj895n070@4ax.com>... Dear all, I have accepted a job offer for a business company, but found another position (which is an academic position) may be more appropriate for me. I have not begin to work, but will very soon. My question is: can I apply for the position which is more interesting to me? In addtion, what is the genearal practice to apply for a new job after acceping a job offer? Thanks!
If you are in an "employment at will" jurisdiction (anywhere in the
US, for example) and you didn't sign a contract agreeing to work there
for so long (these show up when a company has paid for training,
relocation, visa sponsorship, or whatever), you are free to apply for
any other job and resign to accept the other job whenever you want.
In practice, blowing off an employer after already agreeing to work
for him will not make you popular; if you need him as a reference, you
may not wish to treat him quite so rudely.
--
Not a lawyer,
Chris Green
P.J. Hartman
08-03-2004, 05:34 PM
zwang5@hotmail.com (anoy69) wrote in message
news:<nniqg011jfl9nfhhkrn8ogh8moj895n070@4ax.com>... Dear all, I have accepted a job offer for a business company, but found another position (which is an academic position) may be more appropriate for me. I have not begin to work, but will very soon. My question is: can I apply for the position which is more interesting to me? In addtion, what is the genearal practice to apply for a new job after acceping a job offer?
Have you executed any sort of contract with your soon-to-be employer?
If not, then you are not legally bound to accept the position and
start work. However, you might consider yourself ethically bound to
follow through with your acceptance of the offer; this is a personal
issue and you will have to follow your conscience.