Tesla Rescinds Job Offer
linkedin.com
linkedin.com
Budgets change all the time. Departments go through reorgs. Projects get cancelled. "Hey but we have an open job offer" is never going to be a concern for management when making these decisions, nor should it for you.
Here's how companies that aren't run by jackasses handle it.
My first job after college was at Hughes Aircraft, Ground Systems Group. They had some sort of upcoming project for the government that would involve several VAX 11/780s running Unix (and maybe some Unix workstations) that they were going to buy, and I was hired to be a Unix admin and system programmer.
Between the time I accepted and my scheduled start date the project was cancelled as was the purchase of the Unix machines. Since they had no other Unix machines, they had no need for a Unix admin and system programmer.
Not being jackasses, they found something else for me to do on an existing project. It wasn't really a good fit for my skills, and I left after a month. They were fine with that, but would have been fine with it if I'd chosen to stay and try to develop my skills in that project's subject.
Maybe for a small company rescinding an offer due to a reorg or budget change is a necessary evil. Maybe even for a big company that is circling the drain. Otherwise, find something else for them to do.
I ended up working for them later anyway. No point holding a grudge.
Sending a signal, even a weak one, that certain behavior is not acceptable is a perfectly valid reason.
I see your point, but then again maybe it does, if anyone reads about this episode and decides not to risk joining Tesla as a result. Especially if they do this too much and get a reputation for it.
If there is a level of uncertainty, then I would argue that it should be stated clearly to be fair to the prospective employee so that the concerned person can make an informed choice.
If Tesla, or other companies misuse their leverage and information asymmetry for their advantage, I would further argue in favour of laws that make these practices more difficult and more transparent so that everyone can learn from the process and know what risks they are taking
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Instead, employees will accept their new job offer and then simply quit their old job on the same day they start their new job.
Company A makes an offer for a job on June 1 with a start date of June 15 and a salary of 100.
Company B makes an offer for a job on June 5 with a start date of June 20 and salary of 130.
Should you say, I'm sorry company B., your offer is much better, but I already took the lesser offer?
Yes, I'm sure _some_ people would turn down a 30% diff., but most people will not and I would not hold that against them. If anything, it's good for you because be assured this person will not stay long at your co knowing they can potentially earn more, all things being equivalent.
For the record I don’t think it’s wrong for a candidate to pull out if they found something better. It’s all just a part of the game. All I intended to do was bring to light that everyone is guilty for playing and optimizing for their own self interest, and not just the corporations.
It does.
The opinion on an organization is the aggregate of the experiences of the people that works for it, that's why crayon is featured prominently in marine jokes.
It just takes a lot longer and a lot of experiences such as these for the opinion to shift, but once they do, the effect is the same.
Tesla and SpaceX have very poor reputation in terms of working for them, and that reputation have an impact on its ability to find people.
Granted, some people are not motivated by money or better treatment, and simply wanted to build something that goes to Mars, hats off to them. That doesn't mean Tesla lost nothing over poor (potential) work reputation.
> Granted, some people are not motivated by money or better treatment, and simply wanted to build something that goes to Mars, hats off to them. That doesn't mean Tesla lost nothing over poor (potential) work reputation.
Unfortunately, looking at the overall picture, I think they've been able to use the passion aspects of their jobs to balance out or even outweigh their other negative employment practices, so those negatives don't really harm them.
But neither employer rescinded their offer. Retracting a job offer is not normal.
Stories like this will discourage people from joining Tesla. And in reality Tesla could easily find a position for an extra engineer.
Yeah, I've heard of canceling job offers right before they've been sent to the candidate, but canceling them after they've been sent is unusual. I think that may even open up the employer to some legal liability (promissory estoppel, IIRC).
I was hired to write a compiler for deep learning (training) on Tesla's in-house hardware, under Peter Bannon.
I resigned from the job I had at the time, and Tesla backed out of the contract shortly before my start date.
Tesla is ruthless.
This is so unethical there should be a 1 or 2 month "deposit" for these cases haha
Since then, companies would call about contract to hire and I'd tell them, "Sure, I'll take the position but they have to be willing to fund a bond worth $10,000 (10% of expected salary) that is immediately transferred to me if the contract is renewed or ends without a hire."
I take a risk when I go a year without insurance, they're going to pay for that. Not one of these companies ever accepted. On a more rich note, there's no such thing as contract to hire - they have zero obligation and you retain all the risk. It's junk and marketing by malicious people.
You were hired to report to Pete Bannon? So, that is some other person? And your (user+)name is also Peter Bannon?
https://www.linkedin.com/in/peterbannon
I'm sorry you found this so confusing.
I won't be using it again (because it's a throwaway account) but not because I want to protect Peter Bannon.
Also, I disagree that it's unethical. Obviously you can't infer who's talking simply from the name of a Hacker News account. For example, if my account name was ElonMusk123, it would be naive to assume I was Elon Musk.
Also, it really sucks that Tesla didn't offer him severance given that he was effectively laid off. Hopefully he can at least get unemployment.
At least this guy didn't get hired before that happened. IMHO he's dodged a bullet. If he was good with his old place they'd probably be good to hire him back.
The central issue is that Tesla gave him a job offer and based on that offer he resigned from his prior job. Tesla then reneged on their offer weeks later. The damages are the lost wages due to them not following through with the job offer after they caused him to resign.
It’s relevant that tortious interference isn’t specific to employment, and thus isn’t really impacted by at-will employment. A company can legally rescind a job offer, or fire you 5 minutes onto the job. The civil claim isn’t that they can’t fire you, it’s that their employment contract was done in bad faith, and that they owe you for losses you incurred as a result of being a good faith actor who entered a contract with a company acting in bad faith.
(Like, I can understand maybe having some cake around at somebody's 30 year work anniversary, or something like that. But you appear to be describing something very different from that.)
Hate your job?
There's a support group for that.
It's called everybody and it meets inside.
(I guess you had to be there.)Now, if the offer was signed, I'd imagine the contract had some terms and both the employer and the employee have to abide by the terms of the contract. As a candidate, you can reject an offer in the last minute, even if you accepted it, as long as you didn't sign it. But once you sign the piece of paper, you've got liabilities. There'll be a notice period and other things. And the same goes for the employer. I guess even in the US companies have liabilities towards their employees?
I'd think if this candidate passed an interview with Tesla, he won't have much trouble finding another role. It's always more difficult when you're unemployed, but you can always build leverage by applying to multiple companies, get multiple offers, and let them compete for you. Then again, NEVER turn an offer down until you're all signed with one of the potential employers and ready to start. If you can, don't even turn the other offers down until you've already started the new job. And when you decline the offer, do so in good terms making it clear that you'd like to consider working for them in the future (you can be fired anytime).
I ended up finding another job with a competitor before my two weeks ran out, but it was a worrisome time.
Later I reviewed a spec from a new customer's previous consulting firm, with whom they had just parted ways due to no progress on the application. That previous firm was the one that had hired-me-but-not-really. It was a brief moment of vindication.
Or is this as simple as the offer could be modified and therefore your shafted?
Even if the mandatory notice period is equal, the power balance isn't.
It cost a person 6+ weeks of unemployment.
There’s never a balance between employee and employer, and it is always tilted towards the employer.
Unnecessary if you have chops. Interviewing a candidate's references is a sucker move anyway.
https://www.eurofound.europa.eu/observatories/emcc/erm/legis...
Also I know from someone that worked in India that the employer would hold back some money which would be forfeited if they left without giving a notice period. Not sure how common that is.
Some companies go a step ahead and keep your original documents (Degree certificate etc) so you can’t apply elsewhere after accepting offer. It’s ridiculous.
Typically you'd be charged by the company for the time you didn't work. Since you generally are owed money when you leave (like vacations, bonus, etc) they take it from there.
Australia has pretty good laws around this :-)
For example, IT consultants usually need to stay for around 3 months following their resignation.
It's the other side of the coin of strong employment laws that make it very hard for people with permanent positions to be let go, unlike the US.
I'm not sure what the consequences would be if I didn't show up though... maybe my employer could sue me to get back the salary they had to pay me, while I didn't work as the contact stated I would.
Though people rarely are...
Also, it's not like they couldn't use another SWE. Unless the applicant was a specialist, I see no reason they couldn't just train for another position doing similar work, unless the application would prefer not to.
From now on, employees should feel very comfortable leaving Tesla with zero notice.
In my experience, This is actually not that surprising, don’t find yourself cornered by such situations, always get offers more than one and then keep them on their edge until you have joined. Such is corporate life.
You want to have a offer before giving notice just so you know what's next, and obviously you shouldn't do this if you don't intend on accepting the only offer you have.
If you have no offers you can quit, but you have no guarantee of finding a job immediately and it also can hurt your leverage while negotiating.
Same philosophy on the employee side, not beneficial to ride everything on only one offer.
And this isn't about 0 offers vs. many, it's 1 offer vs. many.
Nor does it really protect you anyways, if you accept one of those offers and then reject the others after your starting date, but the one you picked lets you go the next day you'll still be in a very weakened negotiating position again when you come back for a do-over on the other offers.
What is good to excellent advice: Have a SIGNED offer letter in hand that you have also accepted before giving notice. That is a MUST (does not matter how good interview etc went).
This is so tone deaf by Tesla though - it's what folks like to chat about so I don't get it. We've made things right in a few cases where for example a part time job ended up more part time than expected. Just pay out at end to true things up etc.
Doesn't mean it's even slightly acceptable.
Here's the thing about interviewing at a company like Google: the people who you meet with and interview you literally have NO pull to influence whether you ultimately get hired or not - it all comes down to a committee that judges you based on how you look on paper.
To be fair this is a good way to mitigate bias in hiring.
In any case, I haven't heard of people getting a signed job offer retracted due to a reorg.. there are lots of stories of great candidates not getting hired.
The whole pipeline with temp recruiters at Google could be one explaination
Ask John Cena.
Tesla doesn't care why you took up the job. May be you wanted to follow your passion or may be you wanted to feed your family. Musk doesn't care. That is the beauty of capitalism. Without everybody else worrying about why you took up a job, we have built an economic system that doesn't let anyone starve but infact has higher standard of living than non capitalist companies.
I don't think this is accurate.
Those large pumpkins aren’t good for eating.