Dear HR/Legal Experts,

I'm kinda in dillema. After 2 years not in full time employment since Covid,
Early this month i received job offer from company A. At the same time I was interviewing with company B.

Company A sent me an offer letter & required me to email signed acceptance within 3 working days. I didn't reply because I was waiting for company B.

A week after the offer letter deadline lapsed, company A's HR called me, asking to sign the letter , she said offer still stands.
As company B took so long to deliberate, I kinda in a spur of the moment just signed and emailed back my acceptance to company A. Then she replied my email with " Noted, see you there on 2nd January 2023".

But just yesterday, company B suddenly called me and offer me the job, which is a better package and is nearer to my home. I am contemplating rescinding my job acceptance to company A.

Important terms in company A offer letter :
- if I rescind my acceptance after signing, or do not come report to work then I need to pay, without demand, 2 months salary as compensation.
- I need to reply my acceptance to the job offer within 3 working days of the date of the letter, or the offer will be considered lapsed.
- the letter is dated 6th Dec 2022.
- Within probation, I can resign with 2 weeks notice.
- I need to report for duty on 2nd January 2022 (which is public holiday)
- I replied my acceptance on 14th Dec 2022.
- They put a term that they reserve the righ to amend, withdraw or revise any of the terms and condition in the offer letter when deemed necessary.

My situation now :
- Company A location is 4 hours drive from where I live.
If I go work there, I'll need to relocate permanently. (My plan earlier is to stay with cousin when come report for duty, then search for suitable place).
- Company B offered me a better package, and is near my place so i don't need to relocate.

My option now :
a) Just rescind my acceptance and not go report for work to company A.
As i replied my acceptance after the offer lapsed, can they force the penalty term on me?

b) If i go report on 2nd Jan 2023, but find the workplace closed due to public holiday (meaning the HR typo , should be 3rd January) , then can the offer considered invalid?

c) Safest option is to just go report for duty and then resign within probation with 2 weeks notice.
But should I give my resignation letter on the spot when reporting to HR on the morning?
Or should i wait until the end of the day when i at least meet my direct manager, and explain to him my situation?

d ) Is the amendment term they put really legal? Can they just change whatever terms they want anytime without my permission or acceptance?

I didn't mean to be causing this mess, but the cicumstance really put me in a bind. Can you guys give me some advice? Thanks.

This post has been edited by fahrurh: Dec 31 2022, 06:55 AM

Your position very high? Similar thing happened to me once. I asked the hr nicely to back out.... It was one of the most uncomfortable discussions I had, but in the end just let me go without much trouble. But consider that bridge burned of course

Nah just normal level position. Not senior management or something.

Did you back out before starting the job or you discussed with them after reporting?

Tell them you are sick, cannot report to work... ask if can still get salary if sick?

Best to inform them. Just be honest. You owe them nothing. If they accept and give clearance without expecting penalty, its good for you.

If not just go ahead with your plan to start with them and give 2 weeks notice on the first day.

not to judge but you left them hanging by not signing it within 3 days without any communication doesn't look good. Anyhow that's water under the bridge, what you can do know is have the hard talk with HR and see where it ends which would be the best.

The next thing is not recommended, burn the bridge & village and move on to Comp B. Comp A may or may not take legal action, and as you said its a normal lvl position vs the legal resources + effort it usually takes in these matters they may well just let it pass, BUT for one you will have that record following you.

So take your pick on which route you feel is the right one.

Ya. Just explain nicely to A. Gently they will understand. Everybody also cari makan only mah.

Company A has no legal ground do ask u for compensation.

Dont get cheated by it.

Run from company A. Tats big red flag there.

I call the HR over the phone few days before starting

This post has been edited by kens88`: Jan 1 2023, 08:13 AM