Legal Question in Civil Litigation in California

rescind on starting new job

I'm supposed to start a new job I accepted 3 weeks ago. At the last minute, some of the moving plans have fallen through. I don't see how I can afford to move. I don't want to go bankrupt for a new job.

What will happen legally if I call them and say I'm not going to work for them?


Asked on 9/05/03, 6:39 am

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: rescind on starting new job

Probably nothing since you didn't start working there. Let them know ASAP. However, explain to them the financial situation. Maybe they'll help, and make arrangements for you to pay them back over time or split the cost.

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Answered on 9/05/03, 11:27 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: rescind on starting new job

Unless you have a specific agreement (written or oral) which says otherwise, there shouldn't be much in the way of consequences. Most employees can legally quit any time they want, and this freedom implies the right to quit before starting work.

Of course, if the company has already given you anything (say an advance against future pay, or a moving allowance, company car, etc.) based upon your acceptance of the job, you would likely have to reimburse them.

As Mr. Cohen pointed out, your best bet might just be to call the company and explain the situation. You might be able to work something out and, if it turns out that the company believes it would have a claim against you, you would probably learn whhat rights it believes it has.

I would want to know more about the specific facts before I could offer a concrete answer.

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Answered on 9/05/03, 1:32 pm
Donald Holben Donald R. Holben & Associates, APC

Re: rescind on starting new job

If you have made the decision, call your intended new employer immediately to advise of the problem and that unless something changes, such as their agreement to assist, etc., you will be forced not to take the position. Follow it up in writing.

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Answered on 9/05/03, 1:32 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: rescind on starting new job

nothing

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Answered on 9/05/03, 1:50 pm


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