Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

can i revoke a job offer based comments/questions post offer? New York

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • MO Crazy
    replied
    RE: Can I revoke a job offer based on comments....

    Been there. Done that.

    My advice...drop kick and run! My experience has been that these are excuses wrapped up to look like questions. If the employee is demanding and entitlement minded at this point in the game, imagine the fun you'll be in for the future.

    Best of luck.

    Leave a comment:


  • eerelations
    replied
    Agree most heartily with ElleMD. Don't worry about the legalities of the volunteer situation, just don't hire this person. And make sure she knows you're not hiring her (but, as ElleMD says, don't get into the whys of not hiring her, that just opens the door for her to argue with you).

    If this person ever starts making noise about not being paid for the volunteer work, come back here right away and tell us, and we will help you figure out what to do about that.

    Leave a comment:


  • ElleMD
    replied
    Honestly, I'd be less worried about her volunteer work 3 years ago at your non-profit and more concerned about hiring her now. Young or not, you are asking for trouble with this one. Now is when she is on her best behavior and based on this, you do not want to see her worst. Call her and revoke the offer. "Upon further consideration we have decided to go with a candidate who better suits our needs at this time". Do not get into a debate with her. The decision has been made.

    Leave a comment:


  • eerelations
    replied
    Originally posted by denibeans63 View Post
    HI thanks for the responses. we ARE a non profit but she volunteered for us 3 years ago over one summer. that shouldn't matter now? 90% of my staff (and we have good retention for our line of work) were all previous volunteers. They at least know what they are getting into!

    and do I have to call her and tell her or can I email her?
    I would call her and email her. Email her (with a "read receipt" attached) so that you have a written record of what you said and when, and then call her to confirm, you don't want her to turn up for work saying she didn't get/understand your email, do you?

    Regarding the volunteer work, what kind of non-profit are you? Not all non-profits are allowed to use volunteer labour. And the fact that it happened three years ago doesn't mean you can't get into trouble for it now, she can always stir things up enough so that you'r recent/current volunteers file wage claims.

    Leave a comment:


  • denibeans63
    replied
    revoking job offer

    Originally posted by eerelations View Post
    Agree with hr for me about the volunteer work. If you're not a licensed charitable organization, then you need to pay her for said "volunteer" work. Minimum wage would do it.
    HI thanks for the responses. we ARE a non profit but she volunteered for us 3 years ago over one summer. that shouldn't matter now? 90% of my staff (and we have good retention for our line of work) were all previous volunteers. They at least know what they are getting into!

    and do I have to call her and tell her or can I email her?

    Leave a comment:


  • eerelations
    replied
    Agree with hr for me about the volunteer work. If you're not a licensed charitable organization, then you need to pay her for said "volunteer" work. Minimum wage would do it.

    Leave a comment:


  • eerelations
    replied
    As long as there's no contract involved, I reco you just call her and say "Sorry, we've decided to hire someone else for the position." It's the truth without getting personal, and there are no legal ramifications to doing this. (She may say there are legal ramifications, but really, there are not.) Advise the others who interviewed her what you're doing (and again, you don't have to get personal, just say you've changed your mind and want to hire someone else instead) and tell them that if she contacts them, to simply forward her calls/emails to you for handling.

    I would definitely not hire her and "just suck it up" - that's just inviting trouble. Not only will she make your work life miserable, but if you do this and your superiors find out, they're going to think you're a complete wimp (at best) and not working for the best interests of the company (at worst). You don't want this do you?

    Leave a comment:


  • hr for me
    replied
    I would let her know that due to her ongoing possible issues with the job (Pay, schedule, etc) that she has expressed through further communications that you are going to seek someone who is better suited to the position and can accept the job position as it stands without modifications. I would not waste time on dealing with it, because I agree it will only get worse after she is hired.

    I don't see where you have any liability unless you are not a non-profit and allowed her to "volunteer" at a for profit. Then you might have some liability.

    Leave a comment:


  • can i revoke a job offer based comments/questions post offer? New York

    I interviewed multiple applicants for a job and had 2 other staff members who will be working with that person interview the final candidate. She had ample opportunity to ask questions and we were very up front regarding the position, requirements, compensation etc. She also previously volunteered for our agency. We offered her the job with a future start date , based on a staff member leaving in one month. Since that time, the applicant has emailed me questions about pay, mileage reimbursement, how much lunch time she gets (all things we discussed in the interview) and can she have a second job while working here (I answered all in a phone conversation, including being flexible for a pt job to supplement income as long as it doesn't burn her out or interfere with her position here). She also said her father asked if she could be paid more by us (she is young and I am sure looking for guidance). I suggested she take more time to think about reconsidering the job as I want it to be a good fit.

    She responded she wants the job (meanwhile - warning bells are RINGING!) one hour after that conversation I received an email asking if she could arrange her schedule to leave at 3 one day a week to go to another job. I am concerned with these kinds of questions at this stage of the game, especially since we were thorough in our interviews and answers and she is familiar with the work we do through her volunteering. I am trying to rationalize the fact she is young and this may be her first "real" job, but I can see the writing on the wall - I don't think she will last. We did NOT yet send out an offer letter. I have another candidate to offer the position to without having to advertise. I realize we are an "at will " state , and there is no contract ..
    questions:
    1) can I take back the offer with no fear of legal action on her part? (not sure what her grounds would be - she didn't quit another job )
    2) am I better off saying " we have reconsidered and are not going to fill the position right now" and then I can hire the other candidate (I will not have to post)
    3) be honest with her and tell her I have thought about it and based on all her concerns I don't think it is a good fit?
    4) just suck it up . hire her and hope for the best?

    thanks!
The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
Working...
X