Hi Friends,
I think we live in a free market economy wherein every company has a choice to accept or reject potential candidates till the time they are on the rolls of the company
BUT the same right exists with the candidates too to accept or reject companies offer till s/he joins the company.
Instead of trying to go after such dropouts with a gun, why not try and find out why the person did not join the company?
The reasons may help your company to improve on the offers the next time around.
Instead of blaming them, try and find out, is there something you can do for your org. You could even send a feedback form to the person.
I find this whole idea of trying to prosecute a guy even before he joins the company quite outlandish.
- We go for test drives of a car, but we are not duty bound to buy it.
- Some ladies pull out a thousand suits/ sarees in a shop yet walk out without buying one.
- People date people yet they are not duty bound to get married to every person they date.
It is definitely not right on the part of a person to walk out after accepting...but that's part of life.
Just move on.
From India, Delhi
38I think we live in a free market economy wherein every company has a choice to accept or reject potential candidates till the time they are on the rolls of the company
BUT the same right exists with the candidates too to accept or reject companies offer till s/he joins the company.
Instead of trying to go after such dropouts with a gun, why not try and find out why the person did not join the company?
The reasons may help your company to improve on the offers the next time around.
Instead of blaming them, try and find out, is there something you can do for your org. You could even send a feedback form to the person.
I find this whole idea of trying to prosecute a guy even before he joins the company quite outlandish.
- We go for test drives of a car, but we are not duty bound to buy it.
- Some ladies pull out a thousand suits/ sarees in a shop yet walk out without buying one.
- People date people yet they are not duty bound to get married to every person they date.
It is definitely not right on the part of a person to walk out after accepting...but that's part of life.
Just move on.
From India, Delhi
Dear Swati,
I can not understand being an HR person, why u stick with such a candidate who is not almost interested to be with your organisation and why u r intended to take any legal action against him/her. Secondly in this global market, every one has right to move on and same thing is happened here only. Mere offer letter and letter of intent do not give u power to take any legal action against him/her. Yes, it is true that after joining him/her, u have all rights to take action which u have mentioned in his/her appointment or agreement. If he/she breech terms of his/her appointment or agreement then only u can take legal action which must be in legal steps only.
Its better to search other candidate who is really need of job and can serve yr company with best manner.
From India, Surat
I can not understand being an HR person, why u stick with such a candidate who is not almost interested to be with your organisation and why u r intended to take any legal action against him/her. Secondly in this global market, every one has right to move on and same thing is happened here only. Mere offer letter and letter of intent do not give u power to take any legal action against him/her. Yes, it is true that after joining him/her, u have all rights to take action which u have mentioned in his/her appointment or agreement. If he/she breech terms of his/her appointment or agreement then only u can take legal action which must be in legal steps only.
Its better to search other candidate who is really need of job and can serve yr company with best manner.
From India, Surat
Hi Swati,
“Can a company take a legal action against a candidate who accepts offer letter and reject it later? “
According to me, if company wants to take legal action in this case then they have to consider following points:
Consideration – When candidate given singed offer letter in consideration what company given him. (In most cases company give promise that if you will join on or before X date then this offer will be valid and you can join company otherwise this offer will be cancelled) You have to see offer later content what was consideration in your case.
Damage – What was the loss/Damage happened to company because of candidate rejecting offer. Proving material damage will be not so easy.
Compensation – What you want as a compensation claim. In simple term what you want from candidate/court.
Damage is directly proportional to compensation. More damage more compensation, No damage no compensation.
After analyzing your loss and compensation claim you have to see is it worth fighting? Is it worth putting time, money and effort in it? If you think yes then do not worry there are many legal eagles waiting for your case…….just inform them.
From India, Hyderabad
“Can a company take a legal action against a candidate who accepts offer letter and reject it later? “
According to me, if company wants to take legal action in this case then they have to consider following points:
Consideration – When candidate given singed offer letter in consideration what company given him. (In most cases company give promise that if you will join on or before X date then this offer will be valid and you can join company otherwise this offer will be cancelled) You have to see offer later content what was consideration in your case.
Damage – What was the loss/Damage happened to company because of candidate rejecting offer. Proving material damage will be not so easy.
Compensation – What you want as a compensation claim. In simple term what you want from candidate/court.
Damage is directly proportional to compensation. More damage more compensation, No damage no compensation.
After analyzing your loss and compensation claim you have to see is it worth fighting? Is it worth putting time, money and effort in it? If you think yes then do not worry there are many legal eagles waiting for your case…….just inform them.
From India, Hyderabad
Dear White Eagle, Thank you so much for your reply. I do not intend to take any legal action but I wanted to check for option. Thank you for showing me available option and their requirement.
From India, Mumbai
From India, Mumbai
Hi,
I was recently selected for an organization where in the Offer Letter there was a clause of Breach of Contract. It said that if I do not join I will have to pay 8% of the annual CTC. I took the job because I liked the role but I did oppose the clause, since as a candidate I wanted to look at other options which suited my career path too. They did not agree and said they put this clause since many people do not inform or do not report on the date of joining without intimation. But now before 3 weeks of my joining I want to inform them that I wish to decline since I got an offer from my dream company yesterday.
My question is that if they do not agree and I cannot pay the amount can they file a case against me. This may be termed unprofessional but I signed because at that time I did not have any other offer. I had been waiting for his other company's call and now that I have it I do not want to miss it.
Regards,
Jobcandidate
From India, Gurgaon
I was recently selected for an organization where in the Offer Letter there was a clause of Breach of Contract. It said that if I do not join I will have to pay 8% of the annual CTC. I took the job because I liked the role but I did oppose the clause, since as a candidate I wanted to look at other options which suited my career path too. They did not agree and said they put this clause since many people do not inform or do not report on the date of joining without intimation. But now before 3 weeks of my joining I want to inform them that I wish to decline since I got an offer from my dream company yesterday.
My question is that if they do not agree and I cannot pay the amount can they file a case against me. This may be termed unprofessional but I signed because at that time I did not have any other offer. I had been waiting for his other company's call and now that I have it I do not want to miss it.
Regards,
Jobcandidate
From India, Gurgaon
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