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counter-offers: how to plan for them when hiring an employed executive

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in short

When an employed executive accepts your offer, their current employer may offer more to keep them: that is a counter-offer. Nothing legally requires you to plan for it, but a clear brief on their motivations, a fast written offer and a tight timeline during their notice period reduce the risk they stay.

what is a counter-offer and why does it happen?

A counter-offer is an employer's reaction on learning that an employee is leaving: a pay rise, a promotion or a flexible arrangement offered to keep them. It mostly affects employed executives: unlike a jobseeker, they are not looking for work, they are being approached, and their current employer has a good reason to react fast.

The withdrawal of an already selected candidate is a recognised recruitment difficulty. Apec does not separate the share caused by a counter-offer from other causes (a change of mind, competition from another company), but the trend has held steady year on year.

29%

of companies that faced recruitment difficulties cite the withdrawal of candidates they had selected (28% in 2024)

Apec, Pratiques de recrutement de cadres 2026 (in French) (opens a new window), 2025 data

53%

cite competition from other employers for the same profiles, stable vs 2024

Apec, Pratiques de recrutement de cadres 2026 (in French) (opens a new window), 2025 data

does the law protect your hire from a last-minute change of mind?

Not really, and that is the point to know. For a rupture conventionnelle (a mutually agreed termination), French labour law grants a withdrawal period: from the date both parties sign, each one has a 15 calendar-day period to exercise their right of withdrawal (article L1237-13 (opens a new window)).

Nothing equivalent exists for an ordinary resignation. Once clearly given, a resignation in principle binds the employee: there is no legal cooling-off period to withdraw it. In practice, an executive who changes their mind can always ask their current employer to cancel the resignation, and nothing stops the employer from agreeing: it is a mutual agreement, not an automatic right for the employee. For a specific case, ask an employment lawyer.

what signals point to a counter-offer risk?

  • The candidate stays vague on when they told, or will tell, their current employer.
  • They express guilt about leaving their team or manager, more than enthusiasm for your role.
  • The pay gap with the market seems to be their only real frustration, something a counter-offer can fix without them changing employer.
  • They ask for extra confidentiality out of fear of their current employer's reaction.
  • Their notice period is long, giving more time for a counter-offer to take shape.

These signals often show up in the interview itself: read our guide how to evaluate a candidate put forward by an agency.

how do you reduce the risk before signing?

  1. Ask the question directly in the interview: what would make them stay if their current employer reacted? An honest answer beats an awkward silence.
  2. Write a precise, fast offer: role, pay, start date. A long decision window gives a counter-offer time to take shape.
  3. Set the start date against the real notice period, not a hoped-for one: ask for the current contract or collective agreement rather than guessing.
  4. Keep light contact during the notice period: a welcome message, practical information, no pressure.
  5. Hand the search to several specialised headhunters rather than a single point of contact: one withdrawal does not stop the whole hire.

what if the candidate takes the counter-offer anyway?

It happens, even with a good process. Relaunch the search and tighten two things: a shorter decision timeline, and a more direct check on their reasons for leaving from the first interview. Later hires for a similar role benefit from the lesson.

To compare search methods suited to an employed executive, read our guide headhunter or recruitment agency.

frequently asked questions

Is a counter-offer more common for an employed executive than for an unemployed candidate?

It is more likely mechanically: an unemployed candidate has no current employer to react. Apec records the withdrawal of selected candidates as a difficulty cited by 29% of affected companies in 2025, without isolating the share caused by a counter-offer.

Is pay the only reason someone accepts a counter-offer?

No. Recognition, a promotion, a team or schedule change also play a part. Your own offer carries more weight if it addresses these too, not only the pay figure.

Can a contract clause prevent a counter-offer?

No, no clause binds the candidate's current employer before they join you. The best protection is the speed and clarity of your own offer, not a legal mechanism.

How long is a notice period for an executive's resignation?

French labour law does not set a fixed length for an executive's resignation notice: it depends on the applicable collective agreement, professional custom or the employment contract. Ask the candidate or check it directly rather than estimating it.

sources

  1. Apec, Pratiques de recrutement de cadres 2026 (in French) (opens a new window)
  2. Code du travail, article L1237-13 (Légifrance, in French) (opens a new window)

take action

don't bet everything on one candidate

Hand your role to several specialised headhunters: if one of your candidates stays with their current employer, the search carries on without starting over.