Hello,
I received an offer from an MNC, and they issued the offer letter. Consequently, I resigned from my current organization. However, after 30 days, they informed me that due to some internal reasons, they are unable to proceed with my hiring and mentioned that the offer has been rescinded.
Please advise me on how to navigate this situation and whether I have any legal recourse against them.
Thank you
From India, Chennai
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I received an offer from an MNC, and they issued the offer letter. Consequently, I resigned from my current organization. However, after 30 days, they informed me that due to some internal reasons, they are unable to proceed with my hiring and mentioned that the offer has been rescinded.
Please advise me on how to navigate this situation and whether I have any legal recourse against them.
Thank you
From India, Chennai
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Unbelievable. I don't think an MNC gives so much time of one month or more to a candidate in their offer of appointment to join and then cancels the offer. Can you please state the real fact or the reason quoted by the company for the rollback of their offer?
From India, Delhi
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422From India, Delhi
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Dear Tharun,
That way, the MNC hired you against some prospective project. There is a clear distinction between the offer and appointment. A candidate cannot exert any right unless he becomes an employee after joining the organization on formal appointment. So, the offer does not entail any legal claim of the candidate. With respect to the legal angle, the contractual obligation between the employee and the employer starts after he joins the organization.
So, try to find some other job with a cool mind, forgetting the episode of the offer by the MNC.
From India, Delhi
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That way, the MNC hired you against some prospective project. There is a clear distinction between the offer and appointment. A candidate cannot exert any right unless he becomes an employee after joining the organization on formal appointment. So, the offer does not entail any legal claim of the candidate. With respect to the legal angle, the contractual obligation between the employee and the employer starts after he joins the organization.
So, try to find some other job with a cool mind, forgetting the episode of the offer by the MNC.
From India, Delhi
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I believe there are a few technicalities. First, the letter of employment was issued by the company. Has the employee signed and accepted the offer indicating the date that he will join the company? If not, the company has every right to withdraw its offer of employment.
Secondly, did the employee fake certain personal details? For instance, if he had faked his past employment records or his qualifications, the employer has the right to withdraw the offer. In good faith, the job was offered to the candidate, and if the employee had lied in one way or another, the employer is right to withdraw the offer of employment.
A common lie that candidates tend to do is to inflate their past salary or earnings. Some may say that they had worked at AAA company for 5 years when the truth is a much shorter period. Employers have their resources to find out a lot of information. So, if someone has lied to get a job, the employee should blame himself for the situation.
From Singapore, Singapore
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Secondly, did the employee fake certain personal details? For instance, if he had faked his past employment records or his qualifications, the employer has the right to withdraw the offer. In good faith, the job was offered to the candidate, and if the employee had lied in one way or another, the employer is right to withdraw the offer of employment.
A common lie that candidates tend to do is to inflate their past salary or earnings. Some may say that they had worked at AAA company for 5 years when the truth is a much shorter period. Employers have their resources to find out a lot of information. So, if someone has lied to get a job, the employee should blame himself for the situation.
From Singapore, Singapore
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Hi,
I agree with Anonymous. Even reference checks could be responsible for the company to retract their offer. But they may choose not to tell you about the same. At this stage, legal action will not help.
Regards,
Vineeta
From India, Mumbai
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I agree with Anonymous. Even reference checks could be responsible for the company to retract their offer. But they may choose not to tell you about the same. At this stage, legal action will not help.
Regards,
Vineeta
From India, Mumbai
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In my own experience, I have seen candidates accept our offer of employment but never joined. What legal action could we consider against such candidates? So, all is fair in love, war, and employment offers! Hahaha.
From India, Bengaluru
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From India, Bengaluru
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Dear Tharun,
Since you never joined the company, legality does not stand. It is the same as any (in general) software developer accepting an offer and not joining the organization. So that is a brief answer to your question.
Now coming back to your interview skills:
- Did you not inquire about the job function/description? (I mean you must have had some kind of idea whether it is project-based for a client or function-based).
- In general, any candidate does inquire about short-term (2-3 yrs) and long-term (5-10 yrs) prospects with the employer. (Did you miss this? Make sure next time you don't!)
- Since you are already in the IT field, you must have an idea about the volatility of offers in your field.
- Next time, maybe you can request a withdrawal clause (the company may make this on both sides) to be added to the offer letter before accepting it.
Do not give up hope, and I wish you all the best for your job hunt.
From India
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Since you never joined the company, legality does not stand. It is the same as any (in general) software developer accepting an offer and not joining the organization. So that is a brief answer to your question.
Now coming back to your interview skills:
- Did you not inquire about the job function/description? (I mean you must have had some kind of idea whether it is project-based for a client or function-based).
- In general, any candidate does inquire about short-term (2-3 yrs) and long-term (5-10 yrs) prospects with the employer. (Did you miss this? Make sure next time you don't!)
- Since you are already in the IT field, you must have an idea about the volatility of offers in your field.
- Next time, maybe you can request a withdrawal clause (the company may make this on both sides) to be added to the offer letter before accepting it.
Do not give up hope, and I wish you all the best for your job hunt.
From India
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For which position were you offered a job with them?
I agree with PSDhingra, sir, that after 30 days of being offered the job, it is a little strange that they rolled back your offer. The reasons stated by Anonymous above could be the reasons. To share with you guys, at the beginning of my career (I was a fresher), I was offered a job in recruitment, but within 2 days, the offer was rolled back, citing that the position went on hold. The real reason could be that they must have found a better candidate, perhaps at a lower salary, with more experience, or better exposure—whatever reasons. However, as NK SUNDARAM, sir, mentioned, there cannot be any legal action involved.
Are you sure you are unaware of the reasons? Just saying...
It is unfortunate that you have now resigned from your previous job, and even this offer is no longer valid. I suggest explaining your ordeal to the HR (MNC that rolled back your offer). Also, if you were associated with your previous organization for a longer period and had an amazing work experience with them, then talk to your previous HR if you can reapply for the same position.
Good luck!
From India, Mumbai
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I agree with PSDhingra, sir, that after 30 days of being offered the job, it is a little strange that they rolled back your offer. The reasons stated by Anonymous above could be the reasons. To share with you guys, at the beginning of my career (I was a fresher), I was offered a job in recruitment, but within 2 days, the offer was rolled back, citing that the position went on hold. The real reason could be that they must have found a better candidate, perhaps at a lower salary, with more experience, or better exposure—whatever reasons. However, as NK SUNDARAM, sir, mentioned, there cannot be any legal action involved.
Are you sure you are unaware of the reasons? Just saying...
It is unfortunate that you have now resigned from your previous job, and even this offer is no longer valid. I suggest explaining your ordeal to the HR (MNC that rolled back your offer). Also, if you were associated with your previous organization for a longer period and had an amazing work experience with them, then talk to your previous HR if you can reapply for the same position.
Good luck!
From India, Mumbai
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Hello Tharun,
I guess you have only TWO options now. I am NOT counting 'going legal' as one of them.
1] Discuss with your current Boss & HR and see if you can take back your resignation and continue in the same company. However, this has its downsides - you will be morally indebted to them and you may not be able to resign again soon, even if you get Obama's job.
2] Look for another job ASAP. The downside here - if this takes some time - would be the gap between your Date of relieving and joining the new job.
Please don't waste your time, effort, and money by thinking of going legal. It MAY be an option technically to put that MNC into trouble, but not worth it practically FOR YOU.
All the Best.
Rgds,
TS
From India, Hyderabad
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I guess you have only TWO options now. I am NOT counting 'going legal' as one of them.
1] Discuss with your current Boss & HR and see if you can take back your resignation and continue in the same company. However, this has its downsides - you will be morally indebted to them and you may not be able to resign again soon, even if you get Obama's job.
2] Look for another job ASAP. The downside here - if this takes some time - would be the gap between your Date of relieving and joining the new job.
Please don't waste your time, effort, and money by thinking of going legal. It MAY be an option technically to put that MNC into trouble, but not worth it practically FOR YOU.
All the Best.
Rgds,
TS
From India, Hyderabad
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As per me, if an employee has accepted the offer letter with all mentioned terms and conditions and completed all formalities before joining the company, then there is no question of rolling back the offer letter. No company has the right to do this. However, if a candidate has hidden something or not completed all formalities after accepting the offer letter, then that company has the right to roll back the offer.
In the first case, the employee can pursue legal action. But as suggested by a few of my friends, going for legal action is just a waste of time and money.
From India, Chandigarh
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In the first case, the employee can pursue legal action. But as suggested by a few of my friends, going for legal action is just a waste of time and money.
From India, Chandigarh
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