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I recently got a job offer and I've already resigned from my current company. Now the problem is that new company wants me to join prior to the date mentioned in my offer letter. I had already made it clear, at the time of HR interview, that my current company won't let me go before completion of the notice period (i.e. 2 months).

Today I got a call form HR of the new company that we need someone who can join within 15 days so talk to your HR and let me know if you can make it possible. They are ready to buy out my notice period but the problem is that I'm the only iOS developer in my current company and they can't let me go before they find a replacement.

Can the new company terminate/cancel my offer due to inability to join them early? What should I do in that situation?

closed as off-topic by Jan Doggen, mhoran_psprep, gnat, Jim G., Garrison Neely Sep 24 '14 at 20:21

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I'd go to my current employer and tell them that the prospective employer wants me to join within the next 15 days and is willing to buy out the employment contract to make it happen. Then I go back to the prospective employer and report to them the answer that the current employer is giving me.

Your prospective employer is asking you for a favor. Best case for your prospective employer is that you are in a position to grant it. But there is no guarantee and your prospective employer is well aware that there is no guarantee. Worst case is that your prospective employer will have to wait until the official start date.

Your prospective employer has already committed to employing you on the start date. All bets are off if you want to show up after the agreed upon start date.

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Can the new company terminate/cancel my offer due to inability to join them early?

If you have a written contract already signed up with all the details in it; i.e starting date, salary, etc etc, then I would say that you are safe. If you do not want to burn bridges with your current employer, I suggest do your job as best as you can during your notice period and tell the new company that you can't join them earlier than the date stated on your contract.

  • Thanks for the reply. I do have all the details mentioned in the written offer letter. – Ankur Arya Sep 24 '14 at 9:31

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