Hi Friends,
I think we live in a free-market economy wherein every company has a choice to accept or reject potential candidates until the time they are on the rolls of the company.
But the same right exists with the candidates too to accept or reject a company's offer until he or she joins the company.
Instead of trying to go after such dropouts with a gun, why not try to find out why the person did not join the company?
The reasons may help your company improve on the offers the next time around.
Instead of blaming them, try to find out if there is something you can do for your organization. You could even send a feedback form to the person.
I find this whole idea of trying to prosecute a person 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 others 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
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38I think we live in a free-market economy wherein every company has a choice to accept or reject potential candidates until the time they are on the rolls of the company.
But the same right exists with the candidates too to accept or reject a company's offer until he or she joins the company.
Instead of trying to go after such dropouts with a gun, why not try to find out why the person did not join the company?
The reasons may help your company improve on the offers the next time around.
Instead of blaming them, try to find out if there is something you can do for your organization. You could even send a feedback form to the person.
I find this whole idea of trying to prosecute a person 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 others 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
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Dear Swati,
As an HR professional, I am puzzled as to why you are choosing to retain a candidate who shows minimal interest in remaining with your organization and why you are contemplating taking legal action against him/her. In today's global market, everyone has the right to explore new opportunities, and that seems to be the case here. Mere offer letters and letters of intent do not grant you the authority to pursue legal action against an individual. However, upon their commencement of employment, you do possess the right to enforce any actions outlined in their appointment or agreement. Legal action should be considered only if the individual violates the terms of their appointment or agreement and must be executed through appropriate legal channels.
It would be more prudent to seek out another candidate who is genuinely in need of a job and is capable of serving your company effectively.
I hope this helps clarify the situation.
Best regards,
[Your Name]
From India, Surat
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As an HR professional, I am puzzled as to why you are choosing to retain a candidate who shows minimal interest in remaining with your organization and why you are contemplating taking legal action against him/her. In today's global market, everyone has the right to explore new opportunities, and that seems to be the case here. Mere offer letters and letters of intent do not grant you the authority to pursue legal action against an individual. However, upon their commencement of employment, you do possess the right to enforce any actions outlined in their appointment or agreement. Legal action should be considered only if the individual violates the terms of their appointment or agreement and must be executed through appropriate legal channels.
It would be more prudent to seek out another candidate who is genuinely in need of a job and is capable of serving your company effectively.
I hope this helps clarify the situation.
Best regards,
[Your Name]
From India, Surat
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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
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“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
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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
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From India, Mumbai
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Hi,
I was recently selected for an organization where, in the Offer Letter, there was a clause regarding Breach of Contract. It stated that if I do not join, I will have to pay 8% of the annual CTC. I accepted the job because I liked the role, but I did express my opposition to the clause. As a candidate, I wanted to explore other opportunities that aligned with my career path. However, they did not agree and mentioned that the clause was included due to instances where individuals fail to inform or report their non-joining without prior notice.
Now, just three weeks before my scheduled joining date, I need to inform them that I wish to decline the offer as I have received an offer from my dream company yesterday. My concern is if they do not agree and I am unable to pay the specified amount, can they take legal action against me? Admittedly, signing the contract under those circumstances may be considered unprofessional, but at the time, I had no other offers and was eagerly awaiting a response from another company. Now that I have received an offer, I do not want to miss this opportunity.
Regards,
Job Candidate
From India, Gurgaon
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I was recently selected for an organization where, in the Offer Letter, there was a clause regarding Breach of Contract. It stated that if I do not join, I will have to pay 8% of the annual CTC. I accepted the job because I liked the role, but I did express my opposition to the clause. As a candidate, I wanted to explore other opportunities that aligned with my career path. However, they did not agree and mentioned that the clause was included due to instances where individuals fail to inform or report their non-joining without prior notice.
Now, just three weeks before my scheduled joining date, I need to inform them that I wish to decline the offer as I have received an offer from my dream company yesterday. My concern is if they do not agree and I am unable to pay the specified amount, can they take legal action against me? Admittedly, signing the contract under those circumstances may be considered unprofessional, but at the time, I had no other offers and was eagerly awaiting a response from another company. Now that I have received an offer, I do not want to miss this opportunity.
Regards,
Job Candidate
From India, Gurgaon
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