When a Candidate Says No, After Saying Yes

You offer a candidate a job, and the person accepts. Shortly before the start date, however, the candidate decides against joining your organization.

How should you handle the situation?
Do you have any legal recourse? And, if so, should you even go there?

Case in Point

Such was the situation with Josh McDaniels, assistant coach for the New England Patriots. According to The Washington Post, McDaniels had accepted the job as head coach of the Indianapolis Colts, when, at the last minute, he decided to stay with the Patriots.
At the time McDaniels reneged on the agreement, his transition to the Colts was already underway. The Post reports that a news conference had been scheduled to introduce McDaniels as head coach of the Indianapolis football team, and that McDaniels had hired some assistant coaches to work with him in his new role.
The abrupt decision leaves Colts’ management in a bind, The Post notes, as other coaching staffs around the league are already set. It also creates a public relations issue for the organization.
Rather than announce a new head coach following the Super Bowl, as was the plan, the Colts posted this statement at their website on Feb. 6:
“After agreeing to contract terms to become the Indianapolis Colts’ new head coach, New England Patriots assistant coach Josh McDaniels this evening [Feb. 6] informed us that he would not be joining our team. Although we are surprised and disappointed, we will resume our head coaching search immediately and find the right fit to lead our team and organization on and off the field.
“The scheduled press conference at Lucas Oil Stadium will not take place tomorrow. More information will be forthcoming.”

Filling the Job

When a candidate decides against joining an organization after accepting the position, it creates problems for the hiring organization. Arguably, when the candidate and position are both high-profile, there are additional challenges.
Nevertheless, the end result is the same. The organization must once again recruit for the job.

Keeping the Candidate

As for attempting to strong-arm the candidate into keeping his or her word, it’s likely to prove unsuccessful. From a legal standpoint, you probably have little or no recourse. In most states, employment is “at will,” which means employers and employees alike can terminate the arrangement at any time—including before the first day of work.
A signed contract, which outlines specific employment terms, generally supersedes at-will employment assumptions. It’s not clear whether McDaniels had yet signed a formal contract, however.
Still, even if a job candidate has committed signature to paper, and then decides the position isn’t a fit, the hiring organization is best served by letting the person go. Ask yourself, do you really want a head coach – or any employee, for that matter – who doesn’t want to be there?

Paula Santonocito, Contributing Editor for Recruiting Daily Advisor, is a business journalist specializing in employment issues. She is the author of more than 1,000 articles on a wide range of human resource and career topics, with an emphasis on recruiting and hiring. Her articles have been featured in many global and domestic publications and information outlets, referenced in academic and legal publications as well as books, and translated into several languages.