Hi, I accepted the offer letter of an organization and based on this offer, I resigned from the existing organization. However, just one day before the joining date, they sent me an email stating that "we can't hire you". Now I am jobless and can't go back to the previous organization.
The new company is offering me a compensation of only 1 month, which I believe is not justified (considering the freeze in hiring in most IT organizations until Feb-March). I requested them to reconsider the compensation package, but they refused.
Please suggest whether I should take legal action against the organization.
From India, Faridabad
The new company is offering me a compensation of only 1 month, which I believe is not justified (considering the freeze in hiring in most IT organizations until Feb-March). I requested them to reconsider the compensation package, but they refused.
Please suggest whether I should take legal action against the organization.
From India, Faridabad
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Dear ANONYMOUS,
Nothing new, it's a game of life!! Take it easy and please accept what is gracefully considered by the new company. Run for another opportunity as a better one is waiting for you. Do not waste time on any other issues, like low payment and injustice. Just concentrate on the aim to settle into a good job, which will ultimately be easy as you are in need of it. Other peripheral issues will not help you; swallow them like bitter pills.
Best wishes.
RDS Yadav Director, Future Instt. of Engg and Management Technology
From India, Delhi
145Nothing new, it's a game of life!! Take it easy and please accept what is gracefully considered by the new company. Run for another opportunity as a better one is waiting for you. Do not waste time on any other issues, like low payment and injustice. Just concentrate on the aim to settle into a good job, which will ultimately be easy as you are in need of it. Other peripheral issues will not help you; swallow them like bitter pills.
Best wishes.
RDS Yadav Director, Future Instt. of Engg and Management Technology
From India, Delhi
It's a very unfortunate thing, and sadly, there is not much you can do here. The company has the same right to reject an offer until joining as you have. As correctly pointed out by Mr. Yadav, please start looking for another opportunity at the earliest.
From India, Mumbai
From India, Mumbai
Eight years ago, the same thing happened to me, and I am still waiting to secure a job. I have now taken up work as a security guard. Upon delving into the situation, I discovered that my previous employer was providing negative feedback about me, hindering my job search. Now, after eight years have passed, I find myself working as a security guard.
From India, Pune
From India, Pune
But don't you think it's unethical and even illegal to do so? As per the law, the company doesn't have any right to revoke the offer once it is accepted by the candidate (because it becomes a contract between both parties with respective consideration). In case they have done the same, then the candidate is entitled to compensation of at least 3 months of the offered salary.
I had a discussion with my lawyer and have decided to take legal action against the company.
Thanks for your support and advice.
From India, Faridabad
I had a discussion with my lawyer and have decided to take legal action against the company.
Thanks for your support and advice.
From India, Faridabad
Dear BALA,
Litigation can be filed, yet there is no restriction to anyone in the country. I do not foresee any grounds for three months' salary entitlement of compensation as mentioned by you in the second post. Anyway, we give our opinion based on limited inputs; that should never restrict or stop anyone from fighting his point.
Regards,
From India, Delhi
Litigation can be filed, yet there is no restriction to anyone in the country. I do not foresee any grounds for three months' salary entitlement of compensation as mentioned by you in the second post. Anyway, we give our opinion based on limited inputs; that should never restrict or stop anyone from fighting his point.
Regards,
From India, Delhi
My Dear Anonymous friend,
No doubt this is very unethical and unprofessional on the part of an employer. Under labour laws, the remedy is available to the workers of the organization but I doubt as to whether you will be termed as a workers.
I know that offer for an appointment is a short of contract between the two parties, which has remedy under Indian Contract Act. The provisions under the Act runs as under:-
1.When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.A proposal, when accepted, becomes a promise;
2.The person making the proposal is called the “promisor”, and the person accepting the proposal is called the “promisee”;
The employer has offer you a proposal, which has been accepted by you, as such the employer is duty bound to fulfill the conditions of the offer. Failing which he shall be considered to violate his promise., which is breach of contract.
They have viewed the actual consequences. It is for this reasons that they are offering you the Compensation. If you are not satisfied with the quantum of Compensation, you have to approach a court of law, which is a time consuming process and involve expenditure.
I would advise you to accept the Compensation and devote you attention to look for another suitable job.
BS Kalsi,
Member Since August, 2011
From India, Mumbai
No doubt this is very unethical and unprofessional on the part of an employer. Under labour laws, the remedy is available to the workers of the organization but I doubt as to whether you will be termed as a workers.
I know that offer for an appointment is a short of contract between the two parties, which has remedy under Indian Contract Act. The provisions under the Act runs as under:-
1.When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.A proposal, when accepted, becomes a promise;
2.The person making the proposal is called the “promisor”, and the person accepting the proposal is called the “promisee”;
The employer has offer you a proposal, which has been accepted by you, as such the employer is duty bound to fulfill the conditions of the offer. Failing which he shall be considered to violate his promise., which is breach of contract.
They have viewed the actual consequences. It is for this reasons that they are offering you the Compensation. If you are not satisfied with the quantum of Compensation, you have to approach a court of law, which is a time consuming process and involve expenditure.
I would advise you to accept the Compensation and devote you attention to look for another suitable job.
BS Kalsi,
Member Since August, 2011
From India, Mumbai
You have every ground to proceed legally against the company and seek damages, especially for the loss of your employment. That loss cannot be covered by a mere 1-3 months' salary.
However, if you wish to proceed legally, you should take each and every step carefully with the assistance of a lawyer. It can be time-consuming as well as expensive.
If you don't want to, you can forget and move on...
From India, Kolkata
However, if you wish to proceed legally, you should take each and every step carefully with the assistance of a lawyer. It can be time-consuming as well as expensive.
If you don't want to, you can forget and move on...
From India, Kolkata
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