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Monalisa Nayak
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.
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2 Comments
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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