Candidate's not joining after Accepting Offer – Do you try to control this? (2024)

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Monalisa Nayak Candidate's not joining after Accepting Offer – Do you try to control this? (1)

Monalisa Nayak

Principal Consultant | Executive Search, Human Resources, Talent Acquisition

Published Sep 1, 2022

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You have acknowledged the offer, this means you are likely to join them, the same way the company gives you an offer with a promise. If you are not joining them, it's not illegal, but definitely not ethical.

As a career consultant my job profile is not just limited to generate revenue for my company or achieving the team’s target, its way beyond profit. For me a successful project is when I contribute in adding value in the hiring process for my client(s) in identifying the ideal candidate(s) and for my candidate(s) providing them a better career opportunity to grow tall within the organization.

In my 19 years of career in the industry, I might have come across 10% of the candidate(s) who backed out after accepting the offer or letter of intent. We get several opportunities, via interviews or daily interaction, formal meetings to assess the candidate(s) in humanly possible manner before we recommend to our client(s), still last minute surprises are there.

At leadership level if any candidate backing out after accepting the offer in the last moment, it shows the level of integrity and commitment towards his/her people and stakeholders of the candidate. It shows how levelheaded the candidate is to understand the amount of work involved in the hiring process. We presume lack of Empathy in the candidate. As a candidate it is required to have bit of social responsibility to inform well in advance, if not accepting the offer, and providing an opportunity to other bunch of candidate’s who might be well deserving for the position. This era is a self-realization phase, where candidates are analyzing much beyond their salary, they are seeing the people they will be working with, the project they will be working for, leadership, company culture etc. Still you will find some candidates negotiate on top of the offer they have, I feel thankful for such candidate’s experience and feel motivated to provide a better candidate experience to my client with more relevant profiles who are deserving.

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In this dynamic career market, if candidate(s) backed out giving last moment surprises, let them go! Keep your client(s) updated on candidate’s last moment behavior and assure your client that you will be able to close the position in next 15 working day. Identify the candidates who are available and really interested in the project vision, take client’s support to build rapport with the candidates. Knowing the current market dynamism what I realized we can’t keep back up candidates for long time, thus its workable to work fresh for the backup for the position.

What Law says about such case?

You are free, not to join the company any time you wish to. There is no legal issues with it. As there is a difference between Offer made and agreement signed. When the company offers you, you will accept the offer but you can terminate the offer whenever you want. But if you want to terminate an agreement, you may face legal processes.

But do keep in mind it's not ethical to terminate the offer at the end moment. It shows your leadership quality. Going through whole lot of hiring process from the start for a company is tedious and Recruitment fraternity it’s completely a small pool and well connected, the recruitment agency or companies which are standing tall and looks like competitor are very much connected at ground level, sometimes we discuss the case studies and candidate experience in the vendor meeting with the client and it goes like wildfire. With the candidate experience, Companies / Recruitment Companies / Consultants may not considered you for future requisitions.

Emmanuel Offiong

Patroller(field operator) in Mfamosing a member of Lafarge Holcim

1mo

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In the case of the employer laying off the applicant after signing an agreement of payment offer and sent for medical ,is there any legal penalty

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Candidate's not joining after Accepting Offer – Do you try to control this? (2024)

FAQs

Candidate's not joining after Accepting Offer – Do you try to control this? ›

You are free, not to join the company any time you wish to. There is no legal issues with it. As there is a difference between Offer made and agreement signed. When the company offers you, you will accept the offer but you can terminate the offer whenever you want.

When a candidate declines a job offer after accepting it? ›

Understand the candidate's concerns.

If a candidate has declined the job offer after accepting, try to have an open and honest conversation to understand their concerns.

How to inform HR about not joining company after accepting job offer? ›

I want to express my sincere appreciation for the offer to join [Company] as [Job Title] and for the confidence you've placed in me. Upon further reflection and after much consideration, I regret to inform you that I must rescind my acceptance of the job offer.

Can I not join a job after accepting offer? ›

It's OK to decline a job offer you've already accepted. Life happens. Maybe another offer comes along that promises more pay, or maybe your circ*mstances have changed.

Is it unethical to reject an offer after accepting? ›

Don't accept a job offer, even verbally, until you are certain you are committed. You can certainly say, "thank you very much for the offer," without accepting the offer (and you should do that). Don't back out after accepting. That's called reneging, and is unethical.

What happens if you accept an offer and then decline? ›

Once you decline, it's highly likely you won't be offered this position again. Turning down a job might feel intimidating, but when it's done well, it will enable you to keep your professional network intact.

Is it illegal to accept a job offer and then decline? ›

Yes. Technically, anyone can turn down a job offer, back out of a job already started, or renege on an acceptance at any point. Most states operate with what is called “at will employment.” This means the employee and the employer are not in a binding contract.

How to reject a job offer politely after accepting? ›

Tips For Rejecting A Job Offer After Accepting It
  1. Be honest. Be honest with your reasons for rejecting an offer, but avoid hurtful comments about the company, its management or any of the organisation's employees.
  2. Give ample notice. ...
  3. Show gratitude. ...
  4. Keep records. ...
  5. Help with the transition.
Sep 12, 2023

What if I don't get a response after accepting job offer? ›

If you don't receive a reply, you could also consider calling their office or contacting someone else in the HR department. Additionally, it could be worthwhile to reach out directly to the hiring manager if you have their contact information. Email again.

How to decline a job offer after accepting without burning bridges? ›

How to decline a job offer without burning bridges? Show your appreciation for the opportunity and express your admiration for the company. Provide a brief but valid reason for declining the offer without mentioning anything negative about the company.

Can a company pull a job offer after accepting? ›

Yes, but there could be legal consequences, so an attorney's advice should always be sought before rescinding the offer. Even if an employer has stated on all offers that employment is at will and can be terminated at any time, there is the concept of the employer making a "promise" of a job.

Is it okay to keep interviewing after accepting an offer? ›

Accepting an Offer and Continuing to Interview is a Bad Idea

(The employer can also let you go at any time.) But do you want to be known as someone who accepts an offer and then shortly thereafter quits? Think about the effect that has on your word.

Is it bad to renege on a job offer? ›

Negative Consequences

Reneging on an offer is a quick way to ensure that you will not able to work for that organization in the future. Employers have long memories and you will likely have a black mark on your file.

Can I accept an offer letter and don't join? ›

You are free, not to join the company any time you wish to. There is no legal issues with it. As there is a difference between Offer made and agreement signed. When the company offers you, you will accept the offer but you can terminate the offer whenever you want.

Can we backout after accepting offer? ›

Backing out without a contingency

You can also back out after your offer is accepted if funding falls through. If you don't have a contingency to protect you if that happens, you'll most likely lose your earnest money deposit and, in some cases, be subject to other penalties, however.

Is it bad to accept a job offer and keep looking? ›

Don't halt your job search.

You can also continue to look for opportunities externally after you accept the position. However, if you leave your new company shortly after joining, you may burn bridges with the employer, as well as anyone who referred you to the role.

How do you respond when a candidate rejects an offer? ›

If the candidate isn't comfortable sharing their reasons for the declined offer, respect their decision and end the dialogue with well wishes for their future. If they gave you some insight into why they are not accepting, take it and move on to the next step.

Can a job offer be taken back after accepting? ›

Yes, but there could be legal consequences, so an attorney's advice should always be sought before rescinding the offer. Even if an employer has stated on all offers that employment is at will and can be terminated at any time, there is the concept of the employer making a "promise" of a job.

Can you go back to accept a job offer after declining it? ›

It's natural to feel some regret when making a decision, especially when it involves something as important as a job or internship opportunity. However, it's important to remember that it's generally not considered acceptable to take back a job offer once you have declined it.

How to reject a job offer after accepting it? ›

Tips For Rejecting A Job Offer After Accepting It
  1. Be honest. Be honest with your reasons for rejecting an offer, but avoid hurtful comments about the company, its management or any of the organisation's employees.
  2. Give ample notice. ...
  3. Show gratitude. ...
  4. Keep records. ...
  5. Help with the transition.
Sep 12, 2023

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