Verbal agreements - binding or not?

[UNCjigga]

Let's say I verbally agree to an offer and tell someone I will be scheduling their mandatory drug screening. They tell me details will be sent in an offer letter via email. But I never get the email.

Then lets say another company makes me an offer the next day--compensation is the same but its a much better company, better job, more prestigious etc. Am I verbally contracted to the first offer? Or can I back out of it because I never got the offer letter, never signed it? Would it be a dick move to do such a thing, or is it expected to act in one's best interests?

 

[DingDingDao]

I think it depends on where you live. Here in CA, I believe verbal contracts are indeed binding. I think it's quite a gray area, though, and unless they can prove that you had actually verbally agreed to the contract (i.e. recording or witness), just deny everything. DENY EVERYTHING!!!

 

[akubi]

I'd go with the more prestigious company without hesitation

 

[torpid]

I don't think you are obligated in this case. Verbal agreements CAN be binding, but only in certain circumstances. In this case, they explicitly stated an additional portion to the negotiations, so I don't see why you would be legally obligated. Besides, you can always just immediately quit the job and take the other.

 

[Kenazo]

Verbal agreements aren't always binding. Some agreements need to be in writing to be binding, such as the agreement to purchase or sell real property. At least that's how it is in Canada. As for job acceptances, that I'm not sure about.

 

[UNCjigga]

Normally I wouldn't hesitate, but this is an internship position. My fear is that if I piss off one company, they can take it out on the school. Not only would the career office HATE me (and refuse to help me further) but it could have bad consequences for future students. I would want to take the other offer, but only if I could be certain the first company wouldn't be pissed off.

 

[kranky]

It's irrelevant since no company is going to bring legal action to force you to work for them. Even if you had signed the offer letter, then changed your mind, they aren't going to do anything. You're free to work where you wish unless you signed a contract. (I'm assuming your offer letter isn't a form of contract, and only says the company is offering you a job).

Now, the company you left at the altar might be irritated, but you need to do what's best for you.

[edit] Now I see that's it's an internship. That's different because, as you said, it could have implications for the school. In that case, I'd talk to the person at your school who is the contact person for the employer and see what that person thinks about backing out. It might be no big deal, it might be a big deal. [/edit]

 

[EMPshockwave82]

i had verbally agreed to my current summer job and was actively looking for another position just in case I found something better i could call and say that something better had come along

 

[StageLeft]

Yes they're binding. However, in your case you can leave a job at any time. I can walk out this second and never return to work. There is no difference here. You simply don't start with the new place, so who cares?

In terms of them being pissed off, if you're good you can smooth it over. I did the same thing, basically once, and 18 months later came back and worked for the company I had rejected!

 

[jaedaliu]

most contracts that you sign for work set your salary in stone (until your first performance evaluation) The ones I've seen also state that they can fire you and you can leave. It won't be too bad to tell them you got a better offer. who knows, they might try to beat it.

 

[UNCjigga]

Thanks for the advice.

 

[UNCjigga]

Crap, this isn't going as smooth as I'd hoped--in fact its about as sticky as I feared!

 

[akubi]

explain

 

[Amplifier]

Originally posted by: UNCjigga
Let's say I verbally agree to an offer and tell someone I will be scheduling their mandatory drug screening. They tell me details will be sent in an offer letter via email. But I never get the email.

Then lets say another company makes me an offer the next day--compensation is the same but its a much better company, better job, more prestigious etc. Am I verbally contracted to the first offer? Or can I back out of it because I never got the offer letter, never signed it? Would it be a dick move to do such a thing, or is it expected to act in one's best interests?

Take the job that is in your best interest. You aren't legally bound to that job until you've signed the papers.

You aren't a dick, you're looking out for your best interests.

 

[UNCjigga]

Originally posted by: akubi
explain

I don't want to get into details in the off chance that an employee or student affected is reading the forums. But basically company A (the one I verbally agreed to) may not be very pleased, and the school may already know about it (though I did a CYA job and told a career counselor of my decision and asked for advice before it blew up.)

 

[UNCjigga]

Originally posted by: Amplifier

Originally posted by: UNCjigga
Let's say I verbally agree to an offer and tell someone I will be scheduling their mandatory drug screening. They tell me details will be sent in an offer letter via email. But I never get the email.

Then lets say another company makes me an offer the next day--compensation is the same but its a much better company, better job, more prestigious etc. Am I verbally contracted to the first offer? Or can I back out of it because I never got the offer letter, never signed it? Would it be a dick move to do such a thing, or is it expected to act in one's best interests?

Take the job that is in your best interest. You aren't legally bound to that job until you've signed the papers.

You aren't a dick, you're looking out for your best interests.

I know, I know. Like I said, I could care less of it was just between me and the company. But its not that simple...the school is also involved and if things go sour, it could affect other candidates from my school interested in the position, and it could also affect whether or not this company recruits here in the future. THAT'S what I'm afraid of.

 

[Jeraden]

jerk, you just posted

 

[AUMM]

Originally posted by: Amplifier

Originally posted by: UNCjigga
Let's say I verbally agree to an offer and tell someone I will be scheduling their mandatory drug screening. They tell me details will be sent in an offer letter via email. But I never get the email.

Then lets say another company makes me an offer the next day--compensation is the same but its a much better company, better job, more prestigious etc. Am I verbally contracted to the first offer? Or can I back out of it because I never got the offer letter, never signed it? Would it be a dick move to do such a thing, or is it expected to act in one's best interests?

Take the job that is in your best interest. You aren't legally bound to that job until you've signed the papers.

You aren't a dick, you're looking out for your best interests.

Even if you signed the papers, you're still not bound to work there. You are an at-will employee, so they can fire you at any time, and you can quit at anytime....

 

[RaynorWolfcastle]

Originally posted by: UNCjigga
Let's say I verbally agree to an offer and tell someone I will be scheduling their mandatory drug screening. They tell me details will be sent in an offer letter via email. But I never get the email.

Then lets say another company makes me an offer the next day--compensation is the same but its a much better company, better job, more prestigious etc. Am I verbally contracted to the first offer? Or can I back out of it because I never got the offer letter, never signed it? Would it be a dick move to do such a thing, or is it expected to act in one's best interests?

You're a dumbass for accepting an offer before hearing both of them, and you're a dick for going back on your word but legally you can do whatever the fsck you want.

 

[Amplifier]

Don't worry about other people man. Not a good policy. Just take the better job.

 

[FoBoT]

no, just tell them you changed your mind.

in 1998 i accepted a position with BellSouth and was all set to show up for work on Monday. the friday prior, about noon i get a call from my current employer offering me a position. the job was better in many ways (most notably immediate insurance for my pregnant wife) , so i accepted that afternoon and had to call the BellSouth guy monday morning to let him know i wouldn't be there. i wasn't happy, but the other job was better. i am sure they got over it.

 

[UNCjigga]

nm, I thought things were worse than they were (career center people made it sound that way.) I just talked to the HR person and she thanked me for my prompt reply. Their relationship with the school is intact, and one of my classmates may get the position!

So yeah, I FINALLY have a summer internship!

 

[kranky]

Way to go. I think you handled it well.

 

[Garet Jax]

Originally posted by: UNCjigga
Let's say I verbally agree to an offer and tell someone I will be scheduling their mandatory drug screening. They tell me details will be sent in an offer letter via email. But I never get the email.

Then lets say another company makes me an offer the next day--compensation is the same but its a much better company, better job, more prestigious etc. Am I verbally contracted to the first offer? Or can I back out of it because I never got the offer letter, never signed it? Would it be a dick move to do such a thing, or is it expected to act in one's best interests?

If the position dried up before you started, the first day you started, days/weeks/years after you started, they would let you go without hesitation.

There is no obligation on your part to accept the job offer even though you verbally agreed to it. Be honest and tell them somthing better came along.