saw another guy tendered his resignation

but department head, scared his KPI threatened for having high employee turnover, counter offer him.

he said he already signed contract with the other side.

my question is, in most cases, would the employer on the other side sue or ask for compensation?

Or just let go?

It is an option to accept or not...

Nowadays jobs - no such things as sign a contract all -- he probably replied yes to offer in email thats it. I know someone who got counter after accepting offer and just did turned up for work because he took counter offer and nothing happened (big ass corporate company not chinaman company and they could do anything because nothing signed.


Fun facts: by the way, ppl who accept counter for me have integrity issues so I would stay away from these ppl.

He should not accept the counter offer. Its ethically wrong.

what to do? company practising this kind of thing.

Let's say the head counter offered, when the resigned staff has already signed a letter of offer.

So your question, if the resigned staff forgo the signed letter of offer and take the counter offer, would there be any repercussions?

Well, yes and no, depends how petty the new employer is. A letter of offer, when signed becomes a contract. The key ingredients of a contract is an offer, acceptance by the other party, consideration (i.e. salary) and intention to enter into the contract. When it comes to suing the person concerned by the company, it's not so straightforward because the company must show that it has suffered some form of loss as a result of the employee not honoring the terms of the letter of offer. Considering the legal fee, time spent and possibility of recover via enforcement action, its very likely to be a futile exercise.

So the not so petty company, will typically blacklist you in their record or snitch on what you did with other recruiters/ industry players.

As to whether counter-offer is a ethical or not? That really depends how you extracted the concession in the first place. If the company genuinely decides to retain you (in your scenario) then it's alright because everything is negotiable. There are also companies who force you to sign their letter of offer to get your commitment on the spot. So the HR business is kinda dirty at times.

That being said, the most unethical behavior that I know of is that the person has no intention to join the other company, and she takes the offer letter and show it to her current employer to extract a counter offer.

So its ur chance to throw letter and expect to get counter offer.

But why head kpi affected due to staff turnover? Ppl come and go is normal

This post has been edited by WaCKy-Angel: Feb 8 2024, 04:53 PM

It's actually a KPI for head of departments. High turnover reflect poorly on your leadership to lead a team.

It also time consuming/costly for HR to keep recruiting and looking for candidates. From what I gather the weightage is not that significant (example 5%) also but easy to get like going for training/self-improvement.

You have a point there. No co would be willing to enforce such a contract. Even the most petty HR, would not sue because its normal in their business to have offer rejected.

They do suffer some losses, in terms of effort to get in the candidate. But not enough to sue.

I am thinking of setting up a poll to ask if it is ethical or not for a person to use this tactic.

But of late, I been seeing a lot of people doing this,

stupid KPI, because by counter offer, it breeds ineffective self entitled employees.

it also demoralizes the rest of those who does not have opportunity to change jobs

Don't know, I do notice those who got counter offer, when they come back, they are changed person.

and rest of the office suddenly like don't like them anymore.

depends, some CEO are blind as a church mice, they set up KPIs like this.

If they wait for you to resign then counter offer, then you would have made the right choice to resign.

God knows how many years they have been neglecting your pay raise.

There is always risk when accepting new offer bah, countered jor can stay with higher pay and doing the same shits, OK bah if u have been working in the com for long time and in comfort zone jor. Personal choice bah
Knowing a friend gatal gatal go join another com but later kena retrench pasal kena cut cost. Worked few mths jek now cry mama papa nka

but risks of the person kena boikot by existing colleagues who felt unfair

This era don't think so la.. On the contrary the existing col will feel relieve instead cuz the shit will not kasi to them "temporarily". Company nowadays damn cunning one, see if the shit can be handled by existing staff or not. If can survive, then it's either the headcount will be cut or it transfer to other areas which is more critical nia.

Ethics and moral is dependent on a person's principles. It's not imposed by law. If I was given any counter-offer also, I will consider, I mean if its like 50% or 60% more why not? lol...

Not really, this is normally imposed by CEO on HODs. Typically, subordinate don't know what is your immediate superior's KPI.

Some may have or some don't have but depends whether your superior share with you or not.

More pay, promotion etc... OF COZ i will come back a change person haha...

The again, those who typically get counter-offer especially before Bonus, normally get lesser or they don't get anything because they already receive earlier in their counter-offer. This is the downside, you can't eat your cake and have it too!

Yes and no. If the person is a suck up then maybe but generally people don't mind but in fact it will motivate others to jump cause they know that the company can pay more.