Job offer rescinded after I quit my old job

On July 2, 2018

In the July 3, 2018 Ask The Headhunter Newsletter a reader’s new job offer is rescinded after he quits his old job. Does he have legal recourse?

Question

rescindedI was given an official job offer. The letter stated that if I met the conditions of the job offer (and it listed the conditions) that the offer would be finalized.

I completed the conditions and the local hiring manager scheduled my start date. I put in two weeks’ notice at my old job. Two days before my start date, they revoked my offer, stating that I was not “rehireable.” (I worked for a company owned by this company almost 10 years ago, but I disclosed that on my application.) 

They said that the company is an “at will” employer so they didn’t have to honor anything stated in the job-offer letter. Do I have any legal recourse? I have no job at all now. Thank you.

Nick’s Reply

I’m very sorry to hear this. Such stories about rescinded (or revoked) job offers are too common nowadays. We’ve discussed this problem before, but it’s such a tragic trend that we need to keep talking about it.

You should seek counsel from a good lawyer that specializes in employment law. However, I’ll give you my thoughts with the proviso that this is of course not legal advice.

If you work in an “at-will” state, the employer may be able to fire you for any reason or no reason at any time. What that implies — though you should check with a lawyer about your specific case — is that they could complete the hire and fire you the same day. So you see the problem.

Now let’s go back to what you stated: You were given a official conditional job offer. While I give you credit for making sure you had the offer in writing, the word “conditional” is key. That left the door open for them to not make the hire after all. Here’s where it may get complicated legally, and why you may need a lawyer.

Did you meet the conditions?

You believe you met all the conditions to lift the contingency, but apparently they don’t agree — or they don’t care. What you should have done before quitting your old job was to get a written confirmation from the new employer that you had in fact met the conditions. This could be very helpful if you litigate the matter.

I can’t emphasize this enough: Never quit your job unless you are absolutely sure the new job is locked up. Please see Protect yourself from exploding job offers.

Of course, in an at-will state this may be a moot point. But it’s up to you to take all reasonable precautions to protect yourself.

Did the hiring manager’s actions suggest you met the conditions?

The hiring manager scheduled your start date, which seems to imply he agrees you met the necessary conditions. A good lawyer might be able to do something with that.

Did the employer know you were going to quit another job?

Additionally, there’s the matter of whether you will now suffer because the promise of a job was broken — and whether that hiring manager knew you would be hurt by his action because his offer prompted you to quit another job. Retired employment attorney Lawrence Barty explains it like this:

“A person who reasonably acts in reliance upon a promise and then suffers detrimentally because the promise is broken has a cause of action called Promissory Estoppel. The Promiser is ‘estopped’ from rescinding the promise if the Promiser knew or had reason to know that the Promisee would rely upon the promise to the Promisee’s detriment.”

That is, if you informed the new employer that you were going to quit your old job and lose your income because you were relying on their job offer, then an attorney may be able to make a case for you. Barty goes on to say:

“The Promisee in such a case, once the proof has been accepted, is entitled to be made whole. For example, if A quits his job and then is left without work for a period until he finds comparable employment, A is entitled to Reliance Damages in an amount equal to the lost wages and benefits.”

Rescinded offers are reprehensible

Too often, job seekers are so thrilled at a new job offer that they make assumptions and move too quickly. That’s understandable. But when the potential consequences of making a mistake are huge — and losing your income is a huge risk — then it’s time to slow down and be extra careful about actions you take, like quitting your old job. (This is such an important topic that I wrote a whole book about it. Here’s an article that discusses some of the main ideas: Parting Company: How to leave your job.)

The critical tip-off in your story is in your first sentence: The offer was conditional. But please don’t misunderstand my position on this. While you bear some responsibility, employers who rescind offers so cavalierly are irresponsible. The tip-off about this employer was in what they said to you: “They said… they didn’t have to honor anything stated in the job-offer letter.” While the company’s lawyers might be able to argue it did nothing illegal, its behavior is unacceptable and reprehensible.

While the doctrine caveat emptor certainly holds here, a good employer nonetheless owes a job applicant a big, loud caution about not quitting their old job until a new job is certain. Did you owe yourself a more cautious attitude until it was all finalized? Based on what you’ve shared, I think you acted prudently. My advice to others: Don’t rush into a big decision (like quitting your job) without carefully assessing the risks.

Get legal advice

As you can see, it’s complicated and that’s why a qualified attorney is your best bet. I’m sure you’d rather not spend money on a lawyer, but I think the price of an initial consultation is well worth it since we’re talking about the loss of your salary. I’d talk to a lawyer immediately. Even if this does not turn into a court case, a stern nastygram from a potent lawyer could result in a cash settlement from the employer.

A word to HR managers

Rescinding a job offer is a really lousy thing to do, and explaining it away by citing your freedom to fire “at will” is cheesy. If your integrity and your company’s reputation matter to you, please read the section “Stop rescinding offers” in the article HR Managers: Do your job, or get out. If you work in HR, we’d love to hear your side of this problem.

Have you ever had a job offer rescinded? Did you quit your old job for a new job, only to wind up on the street? What did you do about it? How would you advise this reader?

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Should I quit before finding a new job?

On February 28, 2017

Quick Question

quitWould you ever advise quitting a job before having another one lined up? I have completely lost faith my employer and job and I fear getting fired or worsening what’s left of my relationships here. I’d like to quit now. Is that a bad idea? Thanks.

Nick’s Quick Advice

People do it all the time — they quit their job before finding a new one. I suggest taking a little time to think it through. Emotions can carry us away and lead us into poor decisions. Time has a way of separating our feelings from the facts. (See Is it time to quit my job?) I’m not saying you should not just up and quit — that’s up to you.

There’s also the “how” of quitting to consider. For more about this, see Quit, Fired, Downsized: Leave on your own terms. Make sure you control your exit and that “the door doesn’t hit you on the way out.”

Think before you quit

But if there’s no urgent reason to act now, pause and:

  • Consider what options you really have, and,
  • Map out the possible consequences of whatever you decide.

That is, is quitting your only option? Can you transfer to another job or department or company location that might solve your problem? And, if you quit suddenly, how will that affect your life?

Here are some other questions to consider:

  • Can you afford a protracted unemployment if you quit without a new job?
  • Do you have enough savings to tide you over for 3-6 months — or longer?
  • Do you have good job prospects that you could develop quickly?
  • Considering the area where you live and work, are you job hunting in a field where being unemployed will affect how you’re perceived in job interviews?
  • Will being unemployed help you devote the necessary time to job hunting? Will it improve your state of mind?

Depending on your answers, quitting immediately could be a good idea. But only you can make the judgment.

Unemployment bias and misery

As a headhunter I’ve never worried that a good candidate was presently unemployed — but some headhunters, recruiters, HR people and employers have a bias against unemployed people. It’s goofy — it reveals that employers and recruiters don’t trust their own judgment of a person’s value, and they don’t know how to identify discounted value that they can capitalize on. But you may find yourself dealing with that bias.

If you’re planning to get a new job through strong personal contacts, those contacts may have enough positive data about you that irrational biases won’t affect you.

The flip side of bias against unemployed job seekers is bias against demoralized, discouraged and unhappy job seekers. If staying at a miserable job while you’re interviewing for new jobs renders you ineffective, then it may be better to just quit and get excited about getting that new job!

I don’t offer quick and easy answers because there are none. My mentor taught me long ago: “Use your judgment, and do the best you can.” Focus on the two bold-faced words. Think about the benefits and risks, and go from there. I really think that’s how to go about it. I wish you the best.

(If you’re going to quit, do it right. Take a look at the topics list for my PDF book, Parting Company: How to leave your job. How you leave can affect a lot of things you may not be aware of.)

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Two weeks’ notice cost me two weeks’ pay!

On October 31, 2016

In the November 1, 2016 Ask The Headhunter Newsletter, a reader tries to do the right thing by giving two weeks’ notice and loses two weeks’ pay.

Question

get-outI have a new job, so I gave my two weeks’ notice to my employer. But my boss let me go the same day! He said, “I accept your resignation. And you’re gone immediately.”

I needed at least another week of work because I can’t afford two weeks off between jobs. Now I’m screwed. They gave me three hours that day and told me to leave. I’ve always given at least two weeks’ notice to be fair to my employer. Is it right that they did this to me after I did the right thing for them?

Nick’s Reply

Unfortunately, it’s not a question of right. For the employer, it’s a judgment call.

Here’s what your boss may be thinking:

  • Are you a liability or risk if you stay on another two weeks? In other words, will you be distracted and do lower-quality work?
  • Are you likely to “poison the well” and encourage other employees to think about leaving?
  • Or, is the manager just angry? Does he resent your “disloyalty” because you quit? Quitting a job doesn’t make one disloyal, but your manager’s ego might have gotten the best of him and caused trouble for you.

You never know how an employer is going to react. For some tips from my PDF book, Parting Company: How to leave your job, check this article: Protect Your Job – Don’t give notice when accepting a new job.

I think an employer is a dope to not take advantage of two weeks’ notice to help transition your work to another employee. But once you resign, your employer is not obligated to keep you on. There may even be a company policy about not letting employees who resign stick around.

While it’s a good thing to do right by your employer, this is why I tell people to consider their own interests first when quitting a job. If you think it’s risky, don’t give notice. This is just one issue when leaving a job. In the aforementioned book, I cover loads of other issues people never think about, including:

  • What you can and can’t take with you when you leave
  • Non-Disclosure Agreements and Non-Compete Agreements
  • Legal liability
  • What to say and what not to say in a resignation letter or during an exit interview
  • How to submit your resignation to protect yourself
  • How to plan your departure
  • There’s even a checklist shared by my insider HR friends

Two weeks’ notice used to be a standard courtesy. Although some employers still expect it, in some places it’s a risk to offer it. People like you try to act ethically and with integrity, but leaving a job is a business and financial decision that nowadays is handled coldly by many companies. While I don’t advocate quitting without notice, I suggest that people get their ducks all in a row before they walk in to resign a job. Plan for the worst.

This article may be helpful as you consider any new job offer: Protect yourself from exploding job offers.

Sorry to hear you got hurt in the process. But congratulations on landing a new job!

Have you ever gotten burned for giving two weeks’ notice when quitting a job? If you’re a manager, would you walk an employee who quits out the door, or do you want the notice period?

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Should I take a 30% pay cut to keep my job?

On September 19, 2016

In the September 20, 2016 Ask The Headhunter Newsletter, a reader doesn’t see a pay cut as a good deal.

pay cutQuestion

Yesterday my company, which is experiencing cash flow difficulties, asked me to take a 30% salary cut to keep doing the same job and still at full time. Do you have any tips on how to respond? I feel like I’ve been bushwhacked.

Nick’s Reply

The obvious answer is to tell them to shove it and quit.

But if that were your first choice, you wouldn’t be asking for tips. There are several ways you could respond, so let’s consider some of the issues before I offer some suggestions you could tweak to suit your needs.

Let me ask a key question:

Did they give you any indication or evidence that they expect to return your salary to normal again? When?

If they’ve communicated nothing about that, it’s a bad sign. If they’ve made promises, ask for it in writing. How they respond will tell you all you need to know about the company’s viability. Good management is honest with employees and makes and keeps commitments. A company that leaves you in the dark about what’s really happening is in more trouble than it seems. Don’t ignore signals about this.

You need to decide how much you need that cash flow yourself. That will dictate what you should do next: wait it out or move on immediately?

Another question:

Is there anything you can say or do that would bring your salary back up?

In other words, if you decline the cut, would they keep you on at your regular salary? I doubt it. So the choice is, do you accept the new terms while you look for a better job (without disclosing that’s what you’re doing), or do you quit and focus all your time on a new job?

Only you can answer that.

Negotiate a pay cut

This might work if your employer is likely to recover financially: Ask if they’d leave your salary at 100% on the books, pay you 30% less, and issue a promissory note for the balance. That is, an IOU. Then you might have standing to collect when they go bankrupt and a judge has to decide whose debts get paid first by the court.

Or, play tit for tat: Take the pay cut if they’ll take a work cut. Offer to work 30% fewer hours. Always be aware that opening a negotiation can result in the other guy withdrawing the deal entirely. That is, they might just tell you to leave now. But you could just leave now, too.

Fall back on this

Now I’ll give you my second best advice. Talk with a good employment attorney before you answer about the 30% cut. I know an attorney will cost you a few bucks, but consider how much that pay cut will cost you over the next one or two months. An hour with an attorney will probably seem like a good investment if your goal is to work out terms.

If you’re pretty sure the pay cut will turn into a layoff, start preparing now. Here are a few other issues to consider, from my PDF book, Parting Company: How to leave your job:

Should you volunteer to get laid off?

You might be able to get a severance package that costs the company even less than keeping you on at a 30% pay cut — if you volunteer to leave. (See pp. 26-27.)

Should you tell your boss you’re leaving?

Are you going to start a job search? Your boss probably wouldn’t be surprised — but I advise you not to disclose what you’re doing. If you’re going to rely on whatever meager salary they’re going to keep paying you, don’t risk it by appearing disloyal because you’re looking for a new job. (See pp. 38-39.)

If you’re ready to quit, see How should I quit this job? If you’re not going to read the book, at least read the article Parting Company: How to leave your job.

Stand up to downsizing

Are you pretty certain the company is going to fire you soon? From the book:

“Be smart. If you’re caught in a downsizing, don’t let yourself be pulled under by the current of panic. Everyone grabs the same life preservers: the job postings, the resumes, the cover letters and the random interviews. By that point, the channels of the employment system are clogged with so much competition that surviving the trip is debilitating, if not impossible.” (See pp. 23-25.)

In other words, don’t be the last one out the door pursuing the same jobs as your laid off co-workers!

Prepare and plan for the worst. When employers ask their employees for money — make no mistake, that’s exactly what this is — it’s a bad sign.

The only thing that would make me feel better is if your employer puts some skin in the game, too, in one of the ways I suggest above. But here’s my best advice: Immediately start a job search and get ready to move on — but be careful. (See How your old boss can cost you a new job.)

I wish you the best with this, but I doubt it’s going to work out well.

Did you ever take a pay cut to keep your job? How did it turn out? What would you advise this reader to do?

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HR Technology: Who’s Bad?

On September 8, 2016

badWho’s really bad in today’s HR Technology world?

  • Companies that actually spend money on software that peeps at employees and people they want to recruit?
  • HR Technology companies that make the software?
  • Investors who could be gambling their cash away in Monte Carlo? (And seeing a show?)
  • HR executives who brag that they’re peeping at employees who might be doing the nasty nasty with some other employer?

Who’s Bad?

A reader sent me this gem today, from the Washington Post:

This software start-up can tell your boss if you’re looking for a job

I’d love your take on it. I see a few things in the story of Joberate, a company that:

“scrapes publicly available data from millions of individuals’ online social media accounts, or buys it from other parties, to assign what it calls a ‘J-Score’ that estimates their level of job search activity, likening it to a FICO score.”

(Yuck. Digital dumpster diving. Scraping the bottom. Bad.)

First, I’d love a list of Joberate’s customers — so I could advise you to quit your job there if you have one, because who wants to work for a company that invests more in peeking at what you’re doing than it does in making sure you’re a happy employee? But alas, Joberate’s customers don’t want to be identified. (Ah… busted doing the nasty nasty… send the PR manager into fits!)

Second, I’d like five minutes with the HR jokers who convinced their companies to buy into this tracking technology: Where are you hiding? Don’t you have a real job?

Third, I have a few words for “Brian Kropp, who leads human resources consulting for CEB, which has a venture capital arm that’s an investor in Joberate”: You’re an HR executive and an investor? Do you write HR Technology software?

Finally, to Joberate’s chief executive, Michael Beygelman: Close scrutiny and analysis of public media (I did a big-data dump of the Washington Post and ran it through my algorithm) reveals you should be looking for a new job, even though you’re not. Or maybe you are. Someone could check. If anybody cared.

HR Technology + LinkedIn = Really Bad

I always check out people worth writing about. Mr. Beygelman’s LinkedIn profile reveals something you really ought to care about. (Hey, it’s a public profile, anybody can look at it without scraping anything.) He wrote an article titled “LinkedIn changes to InMail policy create business case for Joberate technology.”

Here’s the nugget:

“Instead of sending blind InMails to potential candidates on LinkedIn, recruiters can now use Joberate technology to track job seeking behavior of people they’re interested in contacting.”

HR can be bad with Joberate, but LinkedIn helps recruiters be really bad. Now you’re going to see where all those silly LinkedIn In-mails you get from “headhunters” come from — an algorithm that links up Joberate with your favorite junk-mail purveyor:

found-you“When Joberate technology tells the recruiter that a person’s J-Score went up, it means that person’s job seeking behavior has increased, alerting the recruiter when it becomes the ideal time to contact a potential candidate. At that point a recruiter can send an InMail to a prospective candidate whose job seeking behavior and activities have just increased.”

Whoo-wee! Thanks to HR Technology, a recruiter (or your boss — whoever pays for Joberate!) found you looking for a job! Kinda like looking in your peephole.

Who’s bad?

Would you hire Michael Beygelman? Would you invest your money with Brian Kropp? Do you worry Joberate is watching you? Is it time to turn off InMails on your LinkedIn account? Do we really need more software companies?

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The ATH Field Guide: Overcome resume gaps to land a job

On February 22, 2016

In the February 23, 2016 Ask The Headhunter Newsletter, a reader is ready to chuck it all to save his sanity. Should he?

Question

I’ve been a project manager running million dollar software projects for 15 years. However, I’m sick of the stress, never-ending deadlines, and frantic pace of technology. I’m 41 and I can’t keep this up for another 10 years.

field-guide

I’m trained to recognize classic burn-out syndrome but dealing with it in myself isn’t easy. I find myself wanting to go pound nails for a builder or mow lawns or just to do something mindless. I think I could step out of corporate life for a while and come back later, but I will have lost my contacts. What’s the answer? “Would you like some fries with that, Sir?”

Nick’s Reply

No, no fries… but welcome to burn-out. It happens to many talented people. It’s nature telling you to flip the burger because one side is done. It’s time for the other side.

The conventional obstacles

Before I offer you suggestions about how to overcome the resume gaps you’re about to create, so you can land a new job later, let’s consider the obstacles you’re going to face. I’m sure you’ve read or heard the conventional wisdom about what you’re suggesting. Let’s play it:

  • It’s harder to get a job if you don’t have a job.
  • Employers discriminate against the unemployed.
  • If you stop working, your skills will go stale.
  • When you leave the work world, your network dries up.
  • Gaps in your resume are the kiss of death.
  • And so on…

To one degree or another, all those statements are true, of course. But it’s also true that we’re all gonna die… so what’s the point of living? (Consider the killer quote from Ring Lardner.)

What’s the point of being burned out and miserable?

The conventional wisdom doesn’t matter when you’ve got good reasons to do what you’re talking about: You’re free to get out of the kitchen and go kick the can for a while. Give yourself a break, or you will indeed burn up.

Jobs can be replaced, but you get only one body, one mind. There’s no reason to lose your contacts — it’s not hard to maintain the best ones when you take time off. Your skills need not dry up. You can learn new skills.

Afraid to get off the burner?

I was about 40 when I chucked it all to write a book, start a website, and follow my gut. Yes, it was a risk. But getting off the burner is necessary when you feel burnt. With the relief will come new experiences and new choices you forgot you had.

burn out

If you’re good at what you do now, I can almost assure you that you’ll be good at whatever you decide to do after some time off. And if you stay in touch with your best contacts, you’ll always have the support system you need to succeed again. More important, if you don’t get lazy, during the time you take off you’ll make loads of new contacts that can help you get back to work when the time comes.

Here’s the thing: Conventional wisdom is for the conventional person. It’s for whoever wants to nail themselves to a job the rest of their lives. And there’s nothing wrong with that (even if I apply a derogatory metaphor to it). If you’re going to be unconventional — and take time off — then you can’t let the rules apply to you. You must forge your own rules and methods for getting back to work later.

And that’s what Ask The Headhunter is all about. My test of the value of any method for landing a job is this: Does it make enough fundamental business sense that it can work under any circumstances — including taking a break?

Screw convention

I don’t like tricky job-search methods intended to mollify HR managers and personnel jockeys who scan credentials for excuses to reject someone without meeting them. For example, clever resumes that hide your gaps in employment, “functional resumes” that hide your age, and “consulting gigs” that cover up your unemployment.

There’s only one way to get a job under any circumstances without relying on luck, or faking it:

Get someone that knows the person in charge to introduce you and vouch for you, then don’t waste the employer’s time. Show why hiring you will pay off, so the manager won’t be able to do anything but hire you.

Who cares if you’re not employed?

Because what’s far, far worse is staying in the job that’s burning you out, and then showing up at job interviews shell-shocked and demoralized. Then no one’s going to hire you.

My vote — assuming you’ve got your finances in order — is to go away and come back later. Screw convention.

Here’s the secret: If you’re good at your work, then trust your ability to earn a living and to do useful work again. When you’re done kicking the can, you’ll be able to dust yourself off and figure out again what to do next, after flipping burgers and offering fries with that…

Life is short. Do what comes next now, and I think you’ll be better able to do what comes after that.

The Field Guide

Need help getting back to work after you’ve been away for a while — whatever the reason? Maybe you’ve just got gaps in your resume that raise red flags.

Here’s an Ask The Headhunter Field Guide that I’ve compiled from some of the best ATH resources. It’s more than you probably need, but I hope some of these tips will help you get introduced to the right employer and show why hiring you will pay off — even if you’ve been out of the market a long time. All are free online except where indicated:

Career coaches and pundits tend to avoid the “in-your-face” questions job seekers really need answers to. To explore the daunting obstacles that can stop you dead in your tracks — and to choose the help you need — check out the topic titles in the 9 PDF books that make up Fearless Job Hunting: The Complete Collection ($49.95).

Would you dare to chuck it all to survive burn-out on the job? Is this a risk worth taking? If you’ve done it, how did you get back to work — or did you choose another path?

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Protect Your Job: Don’t give notice when accepting a new job

On February 15, 2016

In the February 16, 2016 Ask The Headhunter Newsletter, a reader talks about breaking the “rules.” Good.

Question

There is a good chance that this spring I will score the federal job I’ve wanted for years. I finally have someone pulling for me on the inside and HR is waiting to pull my application as soon as they post the announcement and I apply.

at-your-own-riskIf I get this job — and even with help it’s still a big IF, — it will be my last job. The salary and perks will get me through my last 20 years before retirement, and a few years in, I can even move anywhere I like in the world and work remotely. Sweet.

I’ve done a lot of googling about giving my current employer two weeks’ notice. I despise my job and everything it represents, and sometimes I wonder if they’d even notice I hadn’t come in for days on end. But here’s where it gets complicated and emotional.

A few months ago, I was offered and accepted a position. I had even created an account in their online HR system and chose my benefits. Three days later, the job was rescinded for no more than vague “funding issues.” So, now I’m terrified that if I get an offer, it will vanish after I’ve quit and I’ll be left destitute — a not-so-improbable situation since I lost my job in the Great Recession, was unemployed for two years, and lost my house to foreclosure. It left a lot of emotional damage.

So, finally, my question: Do I really have to give notice? I’m thinking of just saying I’m going on vacation, moving back to D.C., and then calling on my first day and saying I won’t be back. I know that even though I think I’ll never need them as a reference again, it’s a small world and blah blah blah, but honestly I don’t think I even care.

The world has changed a lot and I’d really like to think this won’t come back to bite me. Am I right?

Nick’s Reply

What I love about Ask The Headhunter readers is that you ask the tough, in-your-face questions. The conventional wisdom about quitting without giving notice is etched in stone: Don’t do it! Always give notice!

Bunk. Life and business are full of choices, and the conventional wisdom is always wired to benefit employers and to make life easier for career coaches, who just love simplistic edicts and soft pablum.  So let’s explore deeply the hard choices for your benefit. I won’t let you off the hook — but not for the reason people might think.

You’re asking me for permission to do something that is bad form and bad business practice. I can’t give you that permission — you must decide whether to do it.

You’ve put a new spin on giving notice. Having had one job offer rescinded, you don’t want to risk it again. You want to actually start a new job before you resign the old one — and this hedge against disaster makes giving notice virtually impossible. Let’s distinguish between what’s allowed, what’s bad, and what’s advisable.

Is quitting without notice allowed?

I don’t know of any law that requires you to give your employer more notice than “I’m leaving today.” (You’d have to check with a lawyer if you want to be absolutely certain it will not bite you legally.) So I believe you can quit your job and leave without notice. Bear in mind that in most jurisdictions employment is at will and an employer can fire you on the spot for no reason or any reason. Employers do it frighteningly often.

You’ve already experienced the ultimate termination: A job offer was rescinded, effectively firing you before you started. See Protect yourself from exploding job offers.

The only other consideration here is whether your current employer imposes any sanctions or penalties for what you’re considering doing. I know employers that will withhold severance or other benefits, or attempt to recover educational investments they’ve made in the employee. If you work in sales, there might be a recoverable draw you’d have to pay back. (Readers making job changes between commercial companies should read Gotcha: The Non-compete agreement.) Check your employee policy manual to make sure you’re not missing anything.

If the law doesn’t prohibit it, you can do it, even if somebody else doesn’t like it.

Is it bad form?

Now let’s consider bad form. As you point out, leaving without notice could leave a bad taste in your employer’s mouth — assuming they care that you’re gone. But don’t skip giving notice thoughtlessly; don’t hurt your employer unnecessarily. Lousy references could follow.

If word gets out, your action could tarnish your reputation more widely. You might upset a co-worker who respects you. The HR manager at the company might mention to HR people in other organizations that you left them in the lurch. A bad reputation can grow from leaving without notice.

Will this come back to bite you? It might. Is it worth the risk? If you do indeed spend the rest of your career at the new job you hope to get, it may not really matter.

Is there any chance your old employer might contact your new employer after you’re hired and poison your new well? Scorned employers sometimes do stupid, irresponsible things out of spite. I’m not sure how much I’d worry about this, but be aware of the possibility and factor it into your decision — and take precautions. Since you’d be taking a federal job, I’m not sure how easy it would be to immediately terminate you. (See The 6 Gotchas of Goodbye.)

The warning I’ll give you: Do not disclose to anyone what you’re about to do or where you’re going until you’re already at the new job.

You don’t want your old employer — or anyone else, whether intentionally or not — to nuke your new job or your old job before the deal is sealed. The risk may seem small if you talk, but the consequences could be huge. That makes taking the risk imprudent.

Is it advisable?

This brings us to what’s advisable. An action that might hurt your reputation may be worth the risk and the price — you must make that judgment. It requires balancing the costs and benefits.

In another, related scenario — I call it juggling job offers — I point out that the consequences of a choice that upsets others may very well be worth the benefits. This is from Fearless Job Hunting, Book 9: Be The Master Of Job Offers, pp. 15-17, and I think it addresses quitting without giving notice:

“Do I think it’s a nice thing to do? Of course not. It’s a crummy thing to do to a company… You will have to live with your decision and its consequences. It could affect your reputation. But life hands us painful choices sometimes, and we have to deal with them.”

In other words, calculate the adverse consequences of your sudden departure and be ready to pay for them. The new job could be worth it, and the risks may be acceptable. Hey — nobody said this was easy, and I’m saying there is no free ride.

What did you sign up for?

Finally, there’s the matter of contracts and agreements. People don’t realize what a can of worms they might leave behind when they quit. Think carefully. Plan ahead.

Study your company’s policies, because there could be grounds for legal action against you if you violate agreements you’ve made. Re-read the job offer you signed when you joined up — what did you agree to? Consider what you may have to sign in order to get your last paycheck. HR can be sneaky. (See The HR Gantlet: How to leave your job without getting hurt.) You don’t have to violate a law to get into trouble. You may subject yourself to a breach of contract that could cost you dearly.

Eyes open!

The last thing I’ll point out is that leaving a job — no matter how you do it — poses many routine risks. In Parting Company: How to leave your job, I provide a seven-page “Crib Sheet” about many of the gotchas people don’t think about. Leaving your job can exact costs you didn’t consider. Among the challenges covered in Parting Company:

  • What will happen to your stuff? Will you be able to take it with you?
  • Are you sure your vacation time will not be charged against your last paycheck?
  • Will you lose any benefits you are owed?
  • What happens to your pension plan?
  • Can the company take action against you over company property in your possession?
  • Do you know for sure “what’s theirs” and “what’s yours?”

I’m not trying to scare you. The new job you describe sounds great for you. And if you really despise your current job, it may be worth doing what’s bad form for the benefit of your career.

Hedge against HR

You shouldn’t have to risk your job if you want to accept a new one.

Nowadays, rescinded job offers have become frighteningly common — and as far as I’m concerned, it’s HR’s fault. You should consider whether you need a hedge to protect your current job when you get a new job offer. It may be prudent not to give notice when you get a new offer in case that new offer goes south — but be ready to pay the price of your choice.

If HR managers don’t like this advice, they should call on their brethren to stop rescinding job offers, because that’s what gives impetus to this hedge.

In any case, until employers start behaving with more integrity, proceed with eyes wide open. Protect yourself. Use your best judgment.

Did you ever quit without giving notice? How should this reader handle this situation? What other factors should you consider when deciding whether to give notice?

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Protect yourself from exploding job offers

On January 18, 2016

I don’t know where they’re all coming from: bogus job offers extended by employers, then withdrawn after the job applicant has relied on the offer and quit their old job. In the January 19, 2016 Ask The Headhunter Newsletter, a reader is smart enough to ask how to avoid being left without a job at all.

Question

I’m on contract at a job through a staffing firm. I have found a better position somewhere else. The new company offered the job and I accepted. I’m trying to do this right and to protect myself, so I have two questions:

First, to whom should I direct my resignation letter? To my recruiter at the staffing firm, or to the manager of the department where I’m actually working (at my recruiter’s client)?

bombSecond, I’m scared of telling whoever I’m supposed to tell, and later receiving a letter from my future employer saying that they decided to close the position for internal reasons or something like that. I don’t want to be left without any job at all.

Help ASAP please.

Nick’s Reply

How you quit your job matters as much as what new job you take. Let’s take your questions one at a time.

How to quit

If you’re working on contract through a staffing firm, your employer is the staffing firm. You need to tell them. Of course, the right thing to do is to also tell your manager — but I think it’s best to notify your actual employer first. They should have a chance to limit their exposure by offering a replacement worker to your manager, and your manager should hear it from them.

Here’s a tip from Parting Company: How to leave your job about what to say in a resignation letter, from the section, “Resign Yourself To Resigning Right,” p. 46:

The letter should be just one sentence because — sorry to be the cynic, but careers and lives might hinge on this — it can come back and bite you legally if it says anything more.

“I, John Jones, hereby resign my position with Acme Corporation.”

I won’t get into all the things that might go wrong if you say more, but I detail the risks in the book.

Submitting your resignation is the easy part. The recruiter at your staffing firm isn’t going to be happy that you’re quitting. What will you do when the recruiter, your boss, or your co-workers press you for details? Here’s another tip from the book (p. 47):

Keep your future to yourself. It’s nice to share your new address with your buddies. But if someone thinks your new employer is a competitor, suddenly that comfortable two-week notice can turn into an immediate departure. Or worse.

How to Say It
“I don’t think it’s appropriate to disclose my new employer until I’m actually working there.”

That’s right: Disclosing where you’re going is very risky. Don’t do it.

How to avoid job offers that blow up in your face

As for being scared that the future employer may rescind — or never finalize — the offer, that can always happen. It’s a risk you take when you accept any job, because — especially in a jurisdiction where employment is “at will” — an employer can fire you at any time for any reason or no reason. But you can minimize the risk when you accept a job:

1. Make sure you have the new offer in writing. An oral offer is not good enough to risk your old job.

2. Beware of staffing firms. Is the offer from another staffing firm or an actual company where you’d be working? If it’s a staffing firm, I think your risk is bigger because recruiters will sometimes drop you if they turn up a better applicant for the client — right in the middle of the hiring process, and even after commitments are made. Likewise, the client can suddenly change its mind, and you wind up on the street. Because hiring through a staffing firm is at arm’s length, employers seem to think they have no obligation to consider the consequences for the new hire.

3. Meet the new HR manager before quitting your old job, but after they’ve promised an offer. This is a technique of personal politics. They’re not likely to meet with you if they’re not certain they’re hiring you. Insist on a face-to-face meeting with HR before you resign your old job. It’s a simple fact of social psychology: People are less likely to hurt you once they’ve met you face to face.

4. Meet your new boss. Before you quit your old job, insist on a meeting with your new boss to discuss your job responsibilities, on-boarding process, what tools you’ll be using, and so on. This forces the manager to put some skin in the game and makes it emotionally harder for them to back out — but even this is no guarantee.

5. Here’s my secret weapon. This is something I want an employer to do after it has given my candidate a job offer, but before the candidate accepts the job (or quits the old job, of course). Ask to meet some of the team members you’ll be working with. The sooner the better. This will reveal how serious they are about really filling this job and having you there. If the company balks at this, I’d never quit my old job until I’ve got some other hard evidence that the new job is for real. (For more about this, see How can I find the truth about a company?)

Limiting your risk when quitting one job and accepting another is more about personal politics than anything else. An employer (or staffing firm) can rescind an offer any time. You’d need a lawyer to fight back. I think the better strategy is to get close to the new boss and team — and to take measures to force the staffing firm to show you that the offer and the job are real. Then there’s less chance that this will go south.

Be tough

Many employers — especially staffing firms — will balk at what I’m suggesting. They want to hire as effortlessly as possible. Their attitude is, “We’ve got other applicants like you waiting — we’re not going to waste our time making you feel all warm and fuzzy about taking this job.”

Well, that’s tough. Would you accept an offer of marriage from someone who won’t spend enough time with you to really make you feel loved? Don’t be in such a hurry to tie the knot before you can judge whether your suitor is for real. If an employer isn’t willing to invest time to assure you that a job offer is real, then it’s probably not worth risking your old job.

In the end, you must use your best judgment and decide whether to make the leap. If your gut tells you something is wrong, listen to your gut.

While my objective here is to help you land a great new job, my first concern is that you should not get hurt in the process. You must learn how to recognize a risky job offer before it blows up in your face.

Lately I’m getting a surprising number of questions from readers about job offers that explode — after the candidate relies on them to make career and financial decisions. I think employers, HR departments, and staffing firms have crossed a critical line that’s telling us they’re either stupid and inept, or that they’re callous and lack integrity. When the employer “takes back” a job offer for any reason, the applicant usually cannot “take back” a resignation. In one case, a reader cancelled her lease, moved her family, and wound up homeless because a personnel jockey instructed her husband to quit his job and move to a new city — then the jockey reneged on the promise of the new job.

I’m collecting stories about exploding job offers because I’m worried this is a dangerous new trend. I think we should chronicle and discuss it, to help you avoid having job offers blow up in your face.

Got a story about exploding job offers — or do you know someone who does? Please post it. Has an employer ever instructed you to quit your old job before giving you a written offer, or has an offer ever been rescinded? What did you do? How would you advise the reader in this week’s Q&A?

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Is it time to quit my job?

On October 6, 2015

In the October 6, 2015 Ask The Headhunter Newsletter, a reader seems to have landed in the wrong place — and wants out.

Question

I accepted what seemed to be a great job. Nine weeks later, the smoke and mirrors are gone and I see that I’m working for a possessive CEO who won’t trust people enough to let them do their jobs. My direct boss has such dramatic mood swings that I don’t know if the day will be a good or bad one. I now understand why the company’s turnover rate is 80%. Almost everyone has been here less than a year.

I want to leave, but I don’t know how to handle it. I can’t leave this job off my resume, but I don’t know how it might hurt me to be looking again so soon. What’s your advice?

Nick’s Reply

During your interviews, did you meet with any of the people you would be working with, as opposed to just the bosses? That’s one way to avoid surprises from a new job.

mickey-mouse-operationIt’s very important to get to know other members of the team, and to use your meetings to find out the truth about what it’s like to work in a place. But that’s advice for next time. (See “Is this a Mickey Mouse operation?”, pp. 13-15, in Fearless Job Hunting, Book 5: Get The Right Employer’s Full Attention.)

I’d give this at least six months, and during that time I’d start a low-level job search. Kick it into higher gear if things continue to deteriorate.

Sometimes it takes a while to establish one’s credibility with management, and to develop a position that projects a bit of power. As this situation develops, and as you are also creating back-up job opportunities, you may find yourself ready to push back at the CEO and your boss, to see whether they take you seriously. If you can gain concessions, you may find reasons to stay. If you can’t, well, then you’ll be well positioned to make a move out the door. (See Parting Company: How to leave your job.)

Don’t worry about explaining this short stay. Just tell the truth. Keep it brief and to the point. Don’t complain, don’t explain. (See How should I quit this job?) In today’s rough-and-tumble business world people know that some companies aren’t great to work for. Not everyone will be surprised you left this company so soon, if that’s what happens.

It’s not unusual to get disillusioned about a new job. Give this a chance, because your position may improve with a little time. But don’t tolerate an ongoing miserable situation, either — accept the challenge of finding a job that’s right for you. Just step carefully next time! (See How can I find the truth about a company?)

Is it your fault that a job isn’t working out? Or did you make a mistake? It’s up to you to fix it, either way. How would you advise this reader?

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Should I ask for a raise one more time?

On July 27, 2015

In the July 28, 2015 Ask The Headhunter Newsletter, a reader has been waiting eight years for a raise while doing loads more work.

Question

I’m a gigantic fan who recommends Ask The Headhunter to everyone I meet. So thank you. I have a question, and if it doesn’t work for the newsletter, then I’d be good with a Talk to Nick session.

shrug-no-raiseI’ve been at my job eight years. With inflation, I make about what I made in 2007. My job responsibilities have grown enormously, and I have delivered tremendous, demonstrable value. My boss and his VP agree that I’m dramatically underpaid, and they “wish” they could do more, but you know, HR is horrible, I’m at the top of the pay band, and so on.

For a few years, I’ve sweated it out because frankly I like the place, and I get to spend more time with my kids than I would at a job where I was paid fairly. The kids are priority #1, so I don’t mind making less.

It’s a small company, and there’s not much room for growth. But I’m doing a job now that is quite different from my job title, and one that doesn’t exist here. I had a very ATH conversation with our CIO (my VP’s boss) in February, and it went quite well. He said he was going to see what he could do with HR. Then he got replaced after 32 years.

The new guy seems really talented, and sharp. But my dilemma is, how do I approach him to deliver the same sort of info I already told my CIO? I’d like to let him know that I’m doing a much more important job, while being paid for a lesser job.

My bosses are not going to advocate for me. That’s just the way it is, and has been since the beginning. So I have to do it myself.

I guess I just don’t know how to approach a guy who has been here for two months, and tell him how awesome I am, and that he needs to recognize my value. It’s like an interview, but not really. Your advice is appreciated. Thanks for all you do.

Nick’s Reply

Thanks for your kind words — I’m glad you enjoy ATH! You might expect I’m going to recommend some magic negotiating method, but I don’t think you should negotiate for a better salary. (If I did, I might suggest something from Fearless Job Hunting, Book 6, The Interview: Be The Profitable Hire.)

I think you should leave.

There’s an old joke: A cynical out-of-towner steps out of New York City’s Penn Station onto 34th Street and asks a passerby, “Can you tell me how to get to Lincoln Center, or should I just go F myself?”

I’m afraid all you’re doing is asking to be told to go F yourself. You’re very close to this because you’ve been there so long. If you step back, you might see this differently and a lot more simply. We tend to make excuses for people — especially our employers. I think the signs are that you need to move on.

Consider the facts you’ve shared:

  1. Your pay has not gone up in 8 years.
  2. You’re doing lots more work that has effectively increased your employer’s “pay.”
  3. Your management acknowledges all this.
  4. Your management has clearly told you they’re not going to pay you more. Worse, they blame it on HR, which after all works for management!
  5. Your bosses are not going to advocate for you. (See 4.)
  6. There’s not much room for growth.

Even if the new CIO is a great guy, he’s not likely to buck the company line. (See 5.) Even if he does, and you pull this off, (6.) tells me you’re just stalling the inevitable — unless you just want to make like a tree and take root for life. (See Should I take a big counter-offer?)

I respect that you put family at #1. That’s got nothing to do with how these people are paying you while you help generate more profits for them. It’s possible to keep doing your current work, keep family at #1, and make more money. But it’s not permitted. It seems they’ve made it clear they’re not going to pay you more.

Do you see what I see? I’m not saying jump to another company where you’ll earn more in exchange for making your family #2. I’m saying start looking for employers who value the kind of work you do and who will pay for it. Nothing is stopping you from conducting a well-paced, savvy job search. Worst case, you won’t find what you want. My guess is, you will.

I think you’re making excuses for managers who aren’t doing right by you. The new guy is not likely to rock the boat or buck your own boss.

If you go talk to the new guy anyway — and start a search at the same time — be careful. If all the managers put their heads together and realize your comp is such an issue, you may become a marked man. My guess, though, is they’re too lazy and complacent to worry about it.

Management like that just waits it out. When under-paid employees finally quit, the company just hires new ones for even less. It’s a sad commentary on how some companies are run.

“My bosses are not going to advocate for me. That’s just the way it is, and has been since the beginning.”

That tells me pretty much everything I need to know. In a healthy company, bosses advocate for their best people. They don’t resort to excuses. But what cinches this in my mind is, they’ve never thrown you a bone in eight years. That’s a bad sign. If there’s some indication that the new guy might be helpful, I just don’t see it. You’d need to explain that.

pc-cover1-211x275In a “talent shortage” like employers complain about today, the best talent gets hired. Why not start looking at yourself that way?

I’d be happy to schedule a Talk to Nick with you, but I’m not sure what more I could tell you — except to flesh out how to handle this new CIO. (You’d spend less learning about Parting Company properly.) The real question is, why do you think the new CIO is going to make any difference to you? Just because he’s smart does not mean he’s going to buck the rest of management. In fact, it suggests he won’t.

I believe in negotiating, as long as you’re talking with someone who is negotiable. If they’re not, then don’t beat your head against a wall. If anything I’ve said is helpful, I’m glad. Sorry if it’s such a downer, but I call them like I see them.

Would you keep negotiating with this employer? Is there an opportunity here for a salary increase that I’ve missed? What would you do in this reader’s shoes?

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