By Chron Contributor Updated August 09, 2021
After an employee has completed the screening an interview process and been offered a position, the two parties will need to agree upon a contracted start date. In most cases, this date is arrived at by an agreement between the two, but there also may be times when an employer will decide upon a date. It is entirely possible that the employer could later change the start date but not without incurring possible legal action. Similarly, an employee cannot demand a change to a start date after accepting an offer if a start date was written into an employment contract that the employee signed.
Types of Employment Contracts
An employee contract is a written legal agreement signed by the employee that would be difficult to back out of without terminating your own employment. There is a difference between an employment contract and a contracted start date. An employment contract guarantees the worker his position for a set period of time, which could be six months, a year or more. If the employee is fired before this period, he is entitled to an extra payout. If the employee leaves before the period, he may incur certain penalties. The other type of employment is called "at will." In this arrangement, the employee and employer are free to break off the arrangement at any time, as explained by Find Law.
Offer Letters
Some employers will send the prospective employee what is known as an "offer letter." This letter outlines the job title and description of the position, the salary, any benefits and the start date. This offer letter is a written agreement between the employee and employer that protects both parties by setting out what is expected of each. If the employer changes the start date in a written agreement without the employee's permission, this would be construed as a breach of contract, and the employee may have a case for legal action.
Spoken Offer
A spoken offer is an offer given to a prospective employee without anything to back it up in writing – for example, an employer and employee agreeing to a start date over a handshake. Informal agreements often come with a tentative start date, meaning the first date of employment has yet to be determined. In this case, should the employer change the agreed-upon start date, the employee has no proof. Any legal course of action taken on by the employee will be difficult to prove at best.
Employment Laws
Each state drafts its own individual employment laws. Employees who have had their contracted start date changed against their will may wish to consult with their state's attorney general's office to find out what type of recourse they have.
Negotiated Changes
One possible solution to the sudden changing of a contracted employment date is to speak directly to the employer. BCL Legal notes that companies would rather negotiate terms of an employment contract than take a new hire to court for breach of contract. Understand that there may be a legitimate business reason why human resources changed the date, such as a seasonal rush or busy season. In this case, you may be able to negotiate. Instead of resorting to a legal course of action, see about starting at the new date at a higher rate because of inconvenience.
FAQs
In most cases, this date is arrived at by an agreement between the two, but there also may be times when an employer will decide upon a date. It is entirely possible that the employer could later change the start date but not without incurring possible legal action.
Can a company change its start date? ›
If the employee has already signed their contract but hasn't started working yet, you will need to submit a contract amendment request to change their start date.
Can an employer push back the start date? ›
Negotiating your start date may cause your employer to push back their original start date to a week or a month later. This may be the only option as some employers have specific onboarding schedules for new hires that occur on set dates.
Can I delay the start date of a new job? ›
Stay honest and give them the exact reason why you won't be able to make the initially agreed upon date and as long as it is valid you should have little to no worries. Be flexible about negotiating the date with the employer. Being too rigid might not be the best strategy and a little give and take goes a long way.
Can I refuse a position change? ›
Whether or not a job description changed after hire, no one can force another to stay in a job they don't want. But practically speaking, as a general rule, if there is no specific employment contract or collective bargaining agreement, employers are free to change job duties at their discretion.
Why did my employer change my start date? ›
Understand that there may be a legitimate business reason why human resources changed the date, such as a seasonal rush or busy season. In this case, you may be able to negotiate. Instead of resorting to a legal course of action, see about starting at the new date at a higher rate because of inconvenience.
Can hire date and start date be different? ›
The hire and start date can coincide, but often employees sign their paperwork a few days before they begin their new job.
What to do when your start date gets pushed back? ›
Look for interim — or new — work
If you end up finding a job that you are thriving in and would like to do long term, then Salemi says there is no harm in 'putting yourself first' and reaching out to your former employer to decline the initial offer, as long as you "keep it polite and keep the door open."
How do I request a later start date? ›
If you have a specific start date in mind, be prepared to explain why it is important to you. It's also a good idea to talk to your new boss about start dates before you put in your notice. That way, if they need you to start sooner or later, you can discuss it and come to an agreement that works for both of you.
How far can a start date be? ›
Tips for Negotiating a Start Date for a New Job
In most cases, a typical start date is two weeks from when you accepted the job offer. However, depending on the job and the employer, it could be as much as a month, or it could be sooner if the company needs to get someone on board immediately.
Dear [HR Manager's Name], I hope this email finds you well. I am writing to request a postponement of my joining date, which was originally scheduled for [date]. Unfortunately, due to [explain the reason for postponement briefly], I am unable to join on the scheduled date.
Can you delay job start date by 6 months? ›
it is often possible to delay the start date of up to a year even when you receive a full-time offer from a consulting firm. You just have to talk about it with their HR team and align on what makes sense.
Can I ask HR to extend the joining date? ›
They usually will, provided its a valid reason. However you'll have to notify your company some time in advance, as early as possible.
Can I be forced into a new position at work? ›
At-will employment also means that companies can lay employees off or change their job roles whenever they consider it necessary, unless doing so is discriminatory.
What is quiet firing? ›
Quiet firing is when management creates non-ideal work conditions to make an underperforming employee quit. Examples of these tactics include pushing off promotions and isolating employees.
Can my employer move me to a different position? ›
Yes, in some cases. Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employee's job duties, schedule or work location without the employee's consent.
What counts as business start date? ›
Normally, the start date for a business is when the business is registered. This means that a company like an LLC or a partnership is responsible for paying taxes on the date they register with a particular state.
What is the reason for delay in joining date? ›
One of the most common reasons for the delay in the joining date is the delay in the project schedule. Many companies work on project-based assignments, and if the project schedule gets delayed due to various reasons like technical glitches or client requirements, it can affect the joining date.
How do you change the period of a company? ›
File a certified true copy of the board resolution approving the change in financial year to the concerned Registrar of Companies (“ROC”) in e-Form MGT-14 within 30 (thirty) days of the board meeting.
Can an employer change your last day? ›
A. Yes, as long as the employer gives you prior notice of the change and meets the payday requirements of the law. 4.
