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Old Sep 2nd 2017, 10:34 am   #1
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Default Job Offer Retracted by Company - already resigned from last employer!

Hi there

So I've had an email this morning indicating that due to the client's major removal of work from the scope and acceleration of the remaining scope, the position I was offered in KL is no longer available/required. They have said to hold back my resignation from my 'current' employer.

I had received a formal LOA (not sure what this is abbreviated for - Letter of Acceptance/Offer?) back in mid-July by email and was told in the interview that they need me out there urgently. I have sent all my documents for visa processing and have signed the dotted line and returned to them.

Due to the urgency they indicated, I handed my resignation notice with my last employer, as you do once you receive an offer elsewhere, so you can serve the notice period and start your new role. I've already served by notice period, have left my senior role, and I'm now unemployed.

This is added to the embarrassment I need to face as I've informed all my friends and family of me moving out to Malaysia.

Additionally, I have turned away approaches from the Middle East, which would have been very lucrative offers.

The company (director) says these changes are out of their control and will now look for alternative options/opportunities, but they will not be available in Malaysia (where I had my heart set on if I'm honest). They have operations in various countries in SE Asia and Oz/NZ.

That leaves me in a bit of a predicament.

Now I'm wondering what I can/should do. The company is quite large and international and there's no benefit in burning any bridges by going beyond expressing my disappointment.

Is the contract legally binding as it's been offered and I have accepted through my signature and sent back?

I've already emailed back telling them my situation as above, that I've left my company and now unemployed. The situation is probably genuine as the director seems like quite a nice and understanding guy having spoken with him a couple of times. He's offered to speak to me on the phone next week to explain the situation further and discuss other options.

What would you advise on my approach to this call?
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Old Sep 2nd 2017, 11:56 am   #2
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

Hi Travel4life,

So sorry to hear about your predicament and hope you get a positive result.

From my experience an offer letter is not a legally binding contract and in a similar situation I know of recently, the company made a compensatory payment to the prospective employee based on the notice period in the contract.

Unless one of the previous "irons in the fire" reignites would it be worth joining the firm but trying to get some agreement that the first opportunity that arises in Malaysia you would get preferred status.

Problem about that of course is I'm sure that would not be put in writing rather a "gentlemens agreement".

Good luck.
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Old Sep 2nd 2017, 12:25 pm   #3
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

Seems to me a written offer, once accepted, is a contract.
Change positions...say you accepted the offer and then found a better deal and reneged... I'm sure they would make your life miserable.
I'd listen to what the Director offers but keep your eye on the objective...they owe you.
If they are a respectable International Company I'm sure they'll find something suitable and compatible....but you may have to show a little flexibility. Could put you in a good position within the Company hierarchy....look on the bright side...most of disappointments I've had have turned to be blessings in disguise...

Last edited by Davita; Sep 2nd 2017 at 12:36 pm.
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Old Sep 2nd 2017, 1:45 pm   #4
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

I would have thought, like Davita, that the offer was legally binding and that they should pay you whatever the agreed notice period was in your offer. Malaysia law is based substantially on English law and, should it come to it, you would very likely win a case for constructive dismissal or breach of contract. Where it differs in Malaysia is the difficulty in enforcing any judgement, hopefully it doesn't come to that.
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Old Sep 2nd 2017, 2:52 pm   #5
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

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Originally Posted by InVinoVeritas View Post
I would have thought, like Davita, that the offer was legally binding and that they should pay you whatever the agreed notice period was in your offer. Malaysia law is based substantially on English law and, should it come to it, you would very likely win a case for constructive dismissal or breach of contract. Where it differs in Malaysia is the difficulty in enforcing any judgement, hopefully it doesn't come to that.
Good point IVV and knowledge the OP should have 'up his sleeve' when listening to the Director's offer.
If the Company has a registered office in Malaysia I'm sure they wouldn't want the legal process to be published in the media if the OP was still aggrieved.
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Old Sep 4th 2017, 11:45 am   #6
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

Quote:
Originally Posted by Travel4life View Post
Hi there

So I've had an email this morning indicating that due to the client's major removal of work from the scope and acceleration of the remaining scope, the position I was offered in KL is no longer available/required. They have said to hold back my resignation from my 'current' employer.

I had received a formal LOA (not sure what this is abbreviated for - Letter of Acceptance/Offer?) back in mid-July by email and was told in the interview that they need me out there urgently. I have sent all my documents for visa processing and have signed the dotted line and returned to them.

Due to the urgency they indicated, I handed my resignation notice with my last employer, as you do once you receive an offer elsewhere, so you can serve the notice period and start your new role. I've already served by notice period, have left my senior role, and I'm now unemployed.

This is added to the embarrassment I need to face as I've informed all my friends and family of me moving out to Malaysia.

Additionally, I have turned away approaches from the Middle East, which would have been very lucrative offers.

The company (director) says these changes are out of their control and will now look for alternative options/opportunities, but they will not be available in Malaysia (where I had my heart set on if I'm honest). They have operations in various countries in SE Asia and Oz/NZ.

That leaves me in a bit of a predicament.

Now I'm wondering what I can/should do. The company is quite large and international and there's no benefit in burning any bridges by going beyond expressing my disappointment.

Is the contract legally binding as it's been offered and I have accepted through my signature and sent back?

I've already emailed back telling them my situation as above, that I've left my company and now unemployed. The situation is probably genuine as the director seems like quite a nice and understanding guy having spoken with him a couple of times. He's offered to speak to me on the phone next week to explain the situation further and discuss other options.

What would you advise on my approach to this call?
Was it a formal contract or letter of agreeement? If the latter, then you will need to check the clauses, since there are probably a lot of if then buts in there eg you are not approved for a visa.

This is a hard lesson to learn, but you need to make it clear upfront that you only resign once you get a contract and visa. And then they have to wait for your notice period. Your situation is why you have to play hardball in this aspect.

Now going forward, you have no job, so put your pride aside and listen to the Director for other job offers. Even if they are not in your ideal location. Approaches from the Middle East are not lucrative offers you missed, they are simply fishing expeditions until you go for interview.
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Old Sep 14th 2017, 11:54 am   #7
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

Quote:
Originally Posted by OriginalSunshine View Post
Was it a formal contract or letter of agreeement? If the latter, then you will need to check the clauses, since there are probably a lot of if then buts in there eg you are not approved for a visa.

This is a hard lesson to learn, but you need to make it clear upfront that you only resign once you get a contract and visa. And then they have to wait for your notice period. Your situation is why you have to play hardball in this aspect.

Now going forward, you have no job, so put your pride aside and listen to the Director for other job offers. Even if they are not in your ideal location. Approaches from the Middle East are not lucrative offers you missed, they are simply fishing expeditions until you go for interview.
Thanks for the feedback and advice. It was a Letter of Agreement, which I thought was a contract, but as you are differentiating between the two, that's probably not the case. Yes they do have clauses like subject to visa approval in there.

Luckily for me, I was planning to resign from my last company anyway and relocate to Malaysia and look for work there whilst also travelling. This opportunity happened to come along, almost a blessing in disguise, as it pushed me to hand in my notice sooner rather than finding excuses not to. I had factored in the down time from any income.

I do have some sympathy (more like understanding) from them having explained the situation I've been left in. The director has said he will speak to others for work opportunities, but the communication has been extremely poor and it's always me prompting the reminders. I'm probably near the bottom of his things-to-do list. I guess I'll have to behave in a way that's best for me and play along if I have nothing else in the pipeline.

Although it's not in my nature, this has definitely made me more ruthless.
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Old Sep 14th 2017, 11:02 pm   #8
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

Does the OP have a legal remedy ? Realistically I would say "No".
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Old Sep 14th 2017, 11:08 pm   #9
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

Whether binding or not the practicalities as you allude to are to grin and bear it, learn from it and move on. Happened to me once,several years down the road it was a blessing in disguise and the architect of said 'cutting edge of the industries bad practices' left very rapidly so all good things come to they who wait.
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Old Sep 15th 2017, 11:26 am   #10
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

I'm not disheartened by it and have moved on from it already. Initially it is disappointing but it's likely to be for the best. It's more of a learning event, and to share with the rest of the community here - it's not done till it's done, and even if it's done and you're out there, they could let you go any time. That would have happened to me if I was 2 weeks in and the government pulled the plug on the work. The director did imply that too.

I'm likely to fly out to Malaysia with or without any work in the next couple of weeks anyway, that was the initial plan. I've also just completed my TEFL teaching qualification as a back up.

The company is tendering for more work in the next 6 months or so and may win some big work out there. As I've built up some relationship with the director including a skype interview and phone calls, I'd expect them to give me the sympathy preference over other candidates as soon as something suitable arises. I'll rather keep that possibility alive instead of taking legal action and removing myself from their radar.

Last edited by Travel4life; Sep 15th 2017 at 11:31 am.
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Old Sep 16th 2017, 8:07 am   #11
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Default Re: Job Offer Retracted by Company - already resigned from last employer!

Quote:
Originally Posted by Travel4life View Post
I'm not disheartened by it and have moved on from it already. Initially it is disappointing but it's likely to be for the best. It's more of a learning event, and to share with the rest of the community here - it's not done till it's done, and even if it's done and you're out there, they could let you go any time. That would have happened to me if I was 2 weeks in and the government pulled the plug on the work. The director did imply that too.

I'm likely to fly out to Malaysia with or without any work in the next couple of weeks anyway, that was the initial plan. I've also just completed my TEFL teaching qualification as a back up.

The company is tendering for more work in the next 6 months or so and may win some big work out there. As I've built up some relationship with the director including a skype interview and phone calls, I'd expect them to give me the sympathy preference over other candidates as soon as something suitable arises. I'll rather keep that possibility alive instead of taking legal action and removing myself from their radar.
Good luck to you.

But don't count on any sympathy preference because as you've just learned 'things don't work like that'.

I don't believe legal action would work either and it would get around to other possible companies that 'this guy can be a bit awkward'.

I'm not keen on the move out there and look for a job scenario so do as much research and send in as many applications as you can before you do move.
Any cash you've set aside for this kind of thing will be eaten up much sooner than you expect.

What I would say is taking a 'holding job' which gets you a visa allows you to get a better feel for things and be around for interviews even if that job extends to 12 months or longer should be of interest but not bar work and the like.

Last edited by ex reg; Sep 16th 2017 at 8:11 am.
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