Job Offer Dilemma: How to Handle When a Current Employee Won't Leave?

We have offered a job to a candidate, but our current employee has refused to leave the organization. What should we do in such a situation?

The candidate can be told to go back to his old company and ask for a buyout of the notice period, which the new company can pay. Beyond that, the new employer cannot do much if the old company is not relieving on time.

As far as I comprehend, you mean to say that you had hired a replacement for one of your employees who had resigned from his services, and now your employee has expressed a desire to continue with his services and not exit.

Under such a circumstance, the employer needs to first decide if he wants to retain the services of the exiting employee. If yes, then you can ask the replacement candidate to check with his employer if he can be retained. If not, then you can revoke the offer and pay compensation in lieu of it, or make an offer for any other available suitable role for the new candidate.

If the employer wants to let the old employee go, then just accept his resignation and proceed with his exit, making way for the new candidate.

Regards, Rahul Chhabra

There are a couple of things to consider before making a decision. You have offered a job seeker a position, and based on this offer, he/she may have resigned from their current job to join your company. What would be their position if you retract your offer?

Secondly, what if the concerned employee submits another resignation? Is there a guarantee that he/she will not do it again? How long will this employee stay with you? What assurance is there? Since the resignation has already been accepted, you need to explain to the employee that you have taken action on it, found a replacement, and are moving forward. That's my view.

Thanks and Regards

Please provide more details about the scenario. Has your company accepted the employee's resignation and notified the person of the date of their release? Is there a service rule in place whereby a person who has resigned can withdraw their resignation?