Jobs

Is the practice of extending job offers to multiple candidates for the same job common in the restaurant industry?

Elaine Varelas provides guidance on this practice with assistance from an employment attorney.

Ask the Job Doc. Boston.com

November 27, 2024

2 minutes to read

Q. I recently applied for a restaurant manager position, received an offer, and was given a deadline to accept. In the process of trying to negotiate, I was told by the restaurant owner for the first time that they had extended offers to several other candidates for the same job. And that “while we cannot anticipate their decisions, we also cannot hold your offer beyond the specified time frame outlined in the offer letter.” I never even responded to the job offer. What if I had accepted the role, given my notice at my current job, only to find out that there was no job for me?

A. This practice raises serious concerns about the restaurant’s recruiting practices, ethical behavior, culture, and illustrates the potential legal risks that flow from conversations and actions between candidates and managers during the hiring process. We consulted Scott Connolly, a Labor & Employment Partner at Verrill who represents employers. He generously shared his insights regarding the situation with us, acknowledging that we lack complete information about the situation. Scott’s primary concern was the restaurant’s apparent intentional failure to disclose to the candidate that others had been offered the same job when the offer was made to our candidate.

If our candidate had relied on the offer and resigned from her current position, or turned down other job offers, and the owner then hired someone else instead, the restaurant potentially could face legal claims from our candidate, including breach of contract and acting in bad faith. In addition, the restaurant’s hiring of another after offering the job to our candidate, may cause our candidate to believe that the restaurant refused to employ her because of unlawful discrimination based on a protected class such as race or gender, which could result in the employer having to defend against claims before the Massachusetts Commission Against Discrimination or in court.

Your decision to walk away from an employer who engages in such hiring behavior probably was wise. Certain workplaces, like the restaurant sector, are difficult enough because of minimal paid vacation, stressful and demanding customer-service expectations, long working hours, and high employee turnover. If the initial hiring process seems unethical, treat it as a red flag and an indication that the culture once you are working there will be similar.

Making undisclosed multiple offers also will harm the restaurant’s reputation. Word gets out and talented restaurant managers will look elsewhere. Faced with such a situation, trust your instincts, as our candidate did here.