Declining an offer politely

[MPwannadecentincome]

I am yet to receive the full contract document for the second offer. The Agency (for the second offer) is asking me to confirm the acceptance of the offer before they send the full contract.

I want to decline the second offer as I had accepted another contract. My worry is, would it cause any problem since I went through the client interview, and I am declining at the offer stage.

Subcontacting is a good option as suggested by lambrini_socialist, but it appears that the client prefers me to do the work.

Just be honest, unless you can remember every story you have ever made up for every situation! If the 2nd offer agency is any good they will appreciate the honesty, anything else is just stringing them along and that will p*** them off more.

Besides they might be reading this forum!

[Another Dodgy Agent]

If you've accepted but not signed then find a clause you are not happy with and try to get it changed. If you insist on, for example, a completely unfettered substition clause, you'll probably find they won't agree entirely. Use this to refuse the contract.

Sometimes I wonder if their is any difference between bad agents and contractors...

[Another Dodgy Agent]

Just be honest, unless you can remember every story you have ever made up for every situation! If the 2nd offer agency is any good they will appreciate the honesty, anything else is just stringing them along and that will p*** them off more.

Besides they might be reading this forum!

WHS!

Better to be honest, you have no need to lie so why?

[Ashwin2007]

No at all problems if you haven't ever actually said "yes" yet......

Few Agents indeed ask like this (after the interview): "Will you accept this role if offered?". Obviously we cannot afford to say no until we get something. So, will a "Yes" to this question amount to acceptance?

[TykeMerc]

Indeed, just be honest.

Politely inform agency 2 that you've already accepted the offer of another contract that was confirmed before their offer appeared. Thank them for the effort they expended on your behalf.

They will understand as this happens frequently in both directions.

[TykeMerc]

Few Agents indeed ask like this (after the interview): "Will you accept this role if offered?". Obviously we cannot afford to say no until we get something. So, will a "Yes" to this question amount to acceptance?

No it's not.

Contract law is quite explicit.

Offer
Acceptance
Consideration.

A chat after an interview without a formal offer (T's & C's, rates, duration, the full mashings) can't force the acceptance step even in a verbal contract.

My answer to that sort of question is "very probably, but let's see the details of the full offer then I'll make my decision".

[Another Dodgy Agent]

Few Agents indeed ask like this (after the interview): "Will you accept this role if offered?". Obviously we cannot afford to say no until we get something. So, will a "Yes" to this question amount to acceptance?

Nah! I ask the same question (only because if I don't I cannot tell whether you would accept an offer if made), it is never a confirmation of acceptance as at this stage we have no offer and certainly nothing in writing.

[Ashwin2007]

Is it not true that an Agency may put more than one candidate for interview, then shortlist the candidates, and try offering contract to the contractor on the top of the list, and if this doesn't go through, try the next candidate..?

In another thread in this forum, someone has posted that a contract (after being offered) was cancelled before the work began. Obviously a contractor needs to keep the options open until the actual contract comes through.

So, unfortunately, it appears that both the Agency and Contractor have no certainty on who will end up in the contract.

The only problem is declining other offers in a polite way in order to maintain good relationship with the Agent and the client.

[BolshieBastard]

Despite the suggestion of putting in a subbie, that wont work unless you've accepted the contract. And if you've done that, you'll be in the situation you dont want to be in ie having accepted a contract you dont want plus, the client probably wont accept your sub.

I'd also argue against picking a clause in the contract and asking for it to be changed. You may just find the agent willing to do that so you're back to square one.

No, the best policy is honesty. Just say you have a far better offer. Mind you, if the agent comes back and tops the offer you've accepted, you may regret accepting the first one instead.

The only way around this is only put yourself forward for one role at a time. But even then, this has its obvious drawbacks.

[pmeswani]

Why is there a legal issue, this would only be the case if you had signed it and then want to decline?

Otherwise its a case of not upsetting the client or the agency. This sort of thing must happen all the time, so you should just thank the agency or client for giving you the opportunity and that whereas it is of great interest to you unfortunately it has come too late as you have already accepted another contract however if the other one does not work out then you would be happy to contact them to see if you can still assist them.

or words to that effect - the point is you do not know when you will cross paths again with this agent or client however you need to make it look good that you have been snapped up by someone else so you must be a good and valuable contractor etc.

A previous reply says to provide a subcontractor in your place, perhaps this looks tongue in cheek but actually recommending someone in your place may help soften the blow to them and you could get a referral fee if they are hired.

If you have signed a contract, then it is legally binding and you will be expected to give some form of notice (based on what is in the contract). If you have given a verbal acceptance, then it is pretty much subject to you getting the contract and signing it, unless you have already started with them.

I was recently offered a role which I had told the agency before getting the offer that I would accept the role only to have time to think about it and withdraw my application (all before getting the offer). The agency tried to persuade me to take the role (when it was offered), only for me to stand my ground and turn the role down. They were not happy, but accepted it gracefully (eventually).