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 Need advice on Offer Letter & Resigning

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TSfahrurh
post Dec 31 2022, 06:55 AM, updated 3y ago

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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
TSfahrurh
post Dec 31 2022, 08:21 AM

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Joined: Aug 2011


QUOTE(kens88` @ Dec 31 2022, 08:05 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?

 

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