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Appointment Letter & Confidentiality clause

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Lisa M
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Appointment Letter & Confidentiality clause

Postby Lisa M » Thu, 20 Dec 2007 5:35 pm

Hi

I was offered a job not long ago and I accepted the offer verbally. However, surprisingly, I managed to score an interview with a company I have always wanted to join. As it is a big company, I have to go for multiple interviews and due to the festive period at present, many people are on leave. As a result, the interviews have to be spaced out over a few weeks.

Now, I have to sign the appointment letter soon but I am still hoping I can get the other job. My question is :

If I signed the letter and have not yet started work at that company, is it possible for me to change my mind and join the other company (if I managed to get the other job) Are there any legal complications as they are rival companies and I heard I have to sign some confidentiality clause in addition to the appointment letter.

I know this is not very professional of me but I guess everyone hopes for something better. Thanks for any advice.

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sundaymorningstaple
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Postby sundaymorningstaple » Thu, 20 Dec 2007 6:52 pm

Your post gave me the shivers! I almost though it was my daughter posting it as it sounds somewhat like her present position.

Anyway, until you have actually started the position, I don't think you can be held to accounts. While it doesn't look good, it would ultimately depend on why you did not honor the commitment. For future employers, if the explanation is a logical one I doubt if it would have much impact.

However, once you have started a lot will depend on the terms of the contract as generally there will be as probationary clause. That clause is there so that it gives both parties the option to get out as sometimes a person is not up to snuff or not the right fit in the corporate identity. Or, it could be that the way the company operates goes against the new employees beliefs. It may have a monetary penalty but would have to be given equally to both parties. It may have one day's notice, or 3 month's notice again, or salary in lieu of, depends on the contract that you signed.

Having said that much, I would point out that all here is purely conjecture and the only real way would be to approach someone in the legal profession for confirmation. Without seeing that contract I would be afraid to say anything further at this point.

Lisa M
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Postby Lisa M » Thu, 20 Dec 2007 9:23 pm

Thanks for the info.

I guess many people are in the same situation as me. I have not looked at the terms of the appointment letter yet as the company claimed that it is too important to be revealed to me before I sign. If the notice period is three months' notice even though I am still under probation, I guess it is not worthwhile joining the company.

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sundaymorningstaple
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Postby sundaymorningstaple » Thu, 20 Dec 2007 10:43 pm

Lisa,

Get as far away from that company as you can as soon as you can. Nobody, but nobody only gives you the last page of a contract to sign without letting you read and study the contract first. That doesn't sound cricket at all. You should NEVER SIGN ANYTHING THAT YOU HAVEN'T READ AND UNDERSTOOD completely.


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