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'Would they keep you on the payroll, out of a sense of fairness, if it developed that you were not the best offer? Nope. You'd be shown the door. It's just busi

by veyron 15y ago

'Would they keep you on the payroll, out of a sense of fairness, if it developed that you were not the best offer? Nope. You'd be shown the door. It's just business.' <-- dead wrong. You can't rescind an offer after extending an offer just because a better candidate showed up at your door. Because he hasnt joined yet, in most states the at-will rules dont apply. In NJ and NY, for example, the employer is legally obligated to pay damages. After joining, the implied-contract exception to at-will employment kicks in [in most states] which would protect you in the case a better candidate came. If you actually were incompetent and demonstrated it on the job, that would be a different story, but there should be no concern about it ... I read something from BLS about this a long time ago, and I'll try to dig out a citation. EDIT: found citation: http://www.bls.gov/opub/mlr/2001/01/art1full.pdf http://www.bls.gov/opub/mlr/2001/01/art1full.pdf

tptacek 15y ago
Careful. The three exceptions in that document are: * Public interest (clearly inapplicable) * Implied contract * Covenant of good faith The latter two seem like real issues for tech companies. But the HR process of every moderately professional company in the world is designed in part to inoculate them from "implied contract" claims, so having an offer withdrawn is unlikely to leave you with a viable implied contract claim. Eleven states, including CA and MA, honor some "covenant of good faith" process. But it's unclear to me how exposed the standard offer letter used by most companies are to "covenant" claims. For instance, most will state specifically that "Your employment with Company is at-will and either party can terminate the relationship at any time with or without cause and with or without notice." I don't think you're right; Patrick is probably not "dead wrong" that companies can withdraw offers.

by veyron 15y ago

tptacek 15y ago

Careful. The three exceptions in that document are: * Public interest (clearly inapplicable) * Implied contract * Covenant of good faith The latter two seem like real issues for tech companies. But the HR process of every moderately professional company in the world is designed in part to inoculate them from "implied contract" claims, so having an offer withdrawn is unlikely to leave you with a viable implied contract claim. Eleven states, including CA and MA, honor some "covenant of good faith" process. But it's unclear to me how exposed the standard offer letter used by most companies are to "covenant" claims. For instance, most will state specifically that "Your employment with Company is at-will and either party can terminate the relationship at any time with or without cause and with or without notice." I don't think you're right; Patrick is probably not "dead wrong" that companies can withdraw offers.