Do I Have to Disclose When I Have Another Job Offer?

While employed by another company, it’s not completely uncommon for workers to search for another job that suits them better. However, many people wonder — do I have to tell my current employer about my new job search? What if I get an offer for another job?

There are certain situations where employees or former employees may need to disclose receiving another job offer to an employer, and others where it isn’t required. 

This article will help you understand how to deal with the issues that come with new job offers, such as whether you should disclose them to an employer, and when it may be mandatory to disclose a job offer to an employer.  

When Can I Keep My Other Job Offer a Secret? 

A working relationship between an employee and an employer is usually based on a verbal or written employment contract. Either party can terminate the employment agreement on certain conditions. 

You may decide to quit your current job in favour of a new one if you get another offer. However, you need to make sure you quit properly by providing your employer with advance notice. Usually, 2 weeks is appropriate, but you might have to provide your current employer more notice if required by the terms of a written employment contract.    

If you’re thinking about resigning from your current job, you don’t need to let your employer know about another job offer or provide any other reasons why you’re quitting. You’re also not legally obligated to sign any documents – when in doubt about your legal obligations when you quit, seek legal advice as soon as possible.  

Even if you don’t accept a job offer, you don’t need to share it with anyone, including your employer. If your employer asks you about a job offer you received recently, you can politely refuse to disclose information about it. If your employer insists you disclose that information and you feel harassed, you should reach out to an employment lawyer as soon as possible to explore your options. 

Scenarios Where You Could Disclose Another Job Offer

 

If you receive a job offer for a position that has better pay and other terms than your current role, you could use that offer to negotiate better terms for your current role. Your employer may agree to pay you more or promote you to keep you working for them instead of accepting the new job offer. 

However, leveraging a new job offer like this could backfire – your current employer may take offence that you applied elsewhere while working for them. Your employer may also call your bluff and tell you to just accept the new position if you’re not happy with your current role. You should be prepared to accept the new position before disclosing the job offer to your employer in this scenario. 

You could also disclose another job offer to a prospective employer to show you’re in demand for other positions. This may put pressure on the company that you’re applying to move up your interview, offer you the job sooner, or provide you with better pay, benefits and employment perks.

 

When Is It Mandatory to Disclose Another Job Offer?

 

If you’re seeking severance pay after your employer terminates you, there may be a legal requirement to disclose new job offers made within a certain timeframe. Legal actions for severance pay usually require you to disclose any new job offers at the documentary disclosure or “discoveries” stage of the proceeding. 

However, this obligation to disclose a new job offer only applies if it’s within the period of notice or pay in lieu you’re claiming entitlement for in your legal action. For example, if you ask for 6 months of pay in lieu of notice for a wrongful dismissal action, you normally wouldn’t be legally obligated to provide details about a new job offer made after the 6th month following your termination. 

You don’t disclose that you have another job offer if your employer asks you about it in other contexts – such as a negotiation for severance pay to settle the matter outside the legal process. Some severance settlements include terms requiring you to disclose if you received a job offer as of the date you sign the settlement documents. 

Conclusion

Searching for a new job can be a bit confusing, especially if you are already employed somewhere, or if you’re not sure if a new job is a right fit for you. If you receive an offer for a new job, you might wonder if and/or when you should disclose that fact to your employer.

 

It is important to remember that in most cases you don’t have to disclose a new job offer to your employer. However, you could choose to disclose the job offer to your employer to negotiate better terms of employment with your current employer. You could also bring up the job offer to a potential employer to demonstrate you’re in high demand, get a job offer faster, or negotiate better terms for the new job. 

 

If you are pursuing a legal proceeding for more severance after your employer terminates you, it may be legally required to disclose your job offer as part of the process. You’re not obligated to disclose a new job offer as part of the negotiation process for more severance, but an employer may insist on you disclosing any new job offers you received as part of the terms to provide your severance package.  

 

Contact Us

 

If you’re an employee or employer with questions about your legal rights, obligations and appropriate next steps relating to a job offer, our experienced employment and litigation lawyers at Achkar Law are happy to help. Contact us by phone toll-free at 1 (800) 771-7882 or email us at [email protected], and we will be happy to assist. 

 

If you are a small or medium-sized company looking for full-service support with a same-day response, visit our Chief Legal Officer Program page for our strategic solutions.

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