Dear Experts, I got an offer from XXX company last month for their IT department but suddenly 2 days before my joining HR sent an email stating Withdrawal of an offer as the vendor is delaying their product implementation for which I had been hired. How do I take action against such an employer?
My current employer has hired the replacement as well so there is no scope in going back to old company as well, kindly suggest....as I am only the bread earner in my family of 4 people.
From India, Mumbai
My current employer has hired the replacement as well so there is no scope in going back to old company as well, kindly suggest....as I am only the bread earner in my family of 4 people.
From India, Mumbai
Hi Jignesh,
It's important to consult with a legal professional for advice tailored to your specific circumstances.
Review the Offer Letter: First, carefully review the offer letter you received from XXX company. Pay special attention to any clauses related to employment termination or withdrawal of offers.
Contact the Company:
Reach out to the HR representative who sent you the email about the withdrawal of the offer. Ask for a detailed explanation of the situation and any potential recourse.
Consult with an Employment Attorney: Consider seeking advice from an employment attorney. They can provide guidance on your rights and potential courses of action.
Document Everything:
Keep records of all communications with the company, including emails, messages, and any other relevant documents. This will be important if you decide to take legal action.
Consider Negotiation: If you feel there's a possibility of resolving the situation without legal action, you might want to discuss this with the company. This could involve negotiating for compensation or other arrangements due to the hardship caused.
Explore Unemployment Benefits:
Depending on your location and specific circumstances, you may be eligible for unemployment benefits. Check with your local labor department to understand your options.
Job Search: Begin looking for new job opportunities as soon as possible. Since you're the primary breadwinner for your family, it's crucial to secure stable employment.
Evaluate Financial Options:
Consider your financial situation and explore options such as emergency funds, loans, or government assistance programs that might be available in your area.
Maintain Professionalism: Even though you're understandably upset, maintain a professional demeanor in all your interactions with the company. This will reflect positively on you in case the situation escalates.
Consider Mediation:
If discussions with the company are unproductive, you might explore mediation services. This can be a more cost-effective and less adversarial way to resolve disputes.
Always, it is crucial to consult with a qualified employment attorney who can provide legal advice based on your specific circumstances and the laws in your jurisdiction. They can guide you on the best course of action to take.
Thanks
From India, Bangalore
149It's important to consult with a legal professional for advice tailored to your specific circumstances.
Review the Offer Letter: First, carefully review the offer letter you received from XXX company. Pay special attention to any clauses related to employment termination or withdrawal of offers.
Contact the Company:
Reach out to the HR representative who sent you the email about the withdrawal of the offer. Ask for a detailed explanation of the situation and any potential recourse.
Consult with an Employment Attorney: Consider seeking advice from an employment attorney. They can provide guidance on your rights and potential courses of action.
Document Everything:
Keep records of all communications with the company, including emails, messages, and any other relevant documents. This will be important if you decide to take legal action.
Consider Negotiation: If you feel there's a possibility of resolving the situation without legal action, you might want to discuss this with the company. This could involve negotiating for compensation or other arrangements due to the hardship caused.
Explore Unemployment Benefits:
Depending on your location and specific circumstances, you may be eligible for unemployment benefits. Check with your local labor department to understand your options.
Job Search: Begin looking for new job opportunities as soon as possible. Since you're the primary breadwinner for your family, it's crucial to secure stable employment.
Evaluate Financial Options:
Consider your financial situation and explore options such as emergency funds, loans, or government assistance programs that might be available in your area.
Maintain Professionalism: Even though you're understandably upset, maintain a professional demeanor in all your interactions with the company. This will reflect positively on you in case the situation escalates.
Consider Mediation:
If discussions with the company are unproductive, you might explore mediation services. This can be a more cost-effective and less adversarial way to resolve disputes.
Always, it is crucial to consult with a qualified employment attorney who can provide legal advice based on your specific circumstances and the laws in your jurisdiction. They can guide you on the best course of action to take.
Thanks
From India, Bangalore
Dear Dr Raghunath BV,
Lately, I find that you have been giving replies regularly. Thanks for the contributions.
When one looks at the series of replies, one finds a pattern. The replies appear to the AI-generated. Possibly, you could be feeding a post to an AI website like ChatGPT or some other and then copying and pasting these replies over here. The AI-generated replies are unemotional. The seniors are expected to give a reply based on the past experience. Otherwise, the junior members have no reason to approach this forum.
Occasionally, the suggestions given by ChatGPT have no enduring value or these are plainly inconsistent with the Indian job market. For example, your above post suggests to "Explore Unemployment Benefits". Who gets unemployment benefits in India? Your last paragraph recommends "consult with a qualified employment attorney". Who are those qualified employment attorneys in India? Where are they? Have you come across them?
Above all, for a person with a conferring stature like you, uploading the replies from ChatGPT is hardly compatible. These replies put you on par with the junior HR professionals. Is this acceptable to you?
Therefore, I humbly request you to contribute to this forum but let the replies reflect your years or decades spent in the HR profession.
Thanks,
Dinesh Divekar
From India, Bangalore
Lately, I find that you have been giving replies regularly. Thanks for the contributions.
When one looks at the series of replies, one finds a pattern. The replies appear to the AI-generated. Possibly, you could be feeding a post to an AI website like ChatGPT or some other and then copying and pasting these replies over here. The AI-generated replies are unemotional. The seniors are expected to give a reply based on the past experience. Otherwise, the junior members have no reason to approach this forum.
Occasionally, the suggestions given by ChatGPT have no enduring value or these are plainly inconsistent with the Indian job market. For example, your above post suggests to "Explore Unemployment Benefits". Who gets unemployment benefits in India? Your last paragraph recommends "consult with a qualified employment attorney". Who are those qualified employment attorneys in India? Where are they? Have you come across them?
Above all, for a person with a conferring stature like you, uploading the replies from ChatGPT is hardly compatible. These replies put you on par with the junior HR professionals. Is this acceptable to you?
Therefore, I humbly request you to contribute to this forum but let the replies reflect your years or decades spent in the HR profession.
Thanks,
Dinesh Divekar
From India, Bangalore
Thank you Dr. Raghunath for your valuable suggestions. I followed already with the first 2 steps as mentioned by you as I didn't found any exceptional clause in the offer letter except for the joining date which I had replied back to them within the time limit.
Will try to get an advice from Employment Attorney and also Can you please share the details of Mediation services as it seems I may have to take that option only as per the present situation.
From India, Mumbai
Will try to get an advice from Employment Attorney and also Can you please share the details of Mediation services as it seems I may have to take that option only as per the present situation.
From India, Mumbai
Hi Jignesh,
It is very unfortunate that XXX Company had revoked the offer issued to you 2 days prior to joining them.
Have you gone through the offer letter in detail ? Have you checked for clause in the offer letter stating that Company reserves the right to cancel the offer any time before the candidate joins the company ?
Obviously it is a breach of terms mutually agreed between XXX Company and you and Company XXX is not supposed to cancel the offer unilaterally. Yes for sure you can initiate legal action against Company XXX by hiring the services of an Lawyer which involves cost factor. But all the same be aware of the bare reality unlike Western Counties in India the judicial process will be time consuming and it would be a very lengthy process wherein you need to substantiate how the cancellation of offer had impact on you etc. To defend their side Employer might go to any extent and they will be able to spend money. How long you will be able to sustain without employment during the course of legal battle ?
There are probabilities of you get a favorable verdict also but time frame cannot be assured. Rather why not you can ignore this and look for a better opportunity. My assessment is XXX Company had lost it's credibility and it is highly suggested you look for some other better offer !
From India, Madras
It is very unfortunate that XXX Company had revoked the offer issued to you 2 days prior to joining them.
Have you gone through the offer letter in detail ? Have you checked for clause in the offer letter stating that Company reserves the right to cancel the offer any time before the candidate joins the company ?
Obviously it is a breach of terms mutually agreed between XXX Company and you and Company XXX is not supposed to cancel the offer unilaterally. Yes for sure you can initiate legal action against Company XXX by hiring the services of an Lawyer which involves cost factor. But all the same be aware of the bare reality unlike Western Counties in India the judicial process will be time consuming and it would be a very lengthy process wherein you need to substantiate how the cancellation of offer had impact on you etc. To defend their side Employer might go to any extent and they will be able to spend money. How long you will be able to sustain without employment during the course of legal battle ?
There are probabilities of you get a favorable verdict also but time frame cannot be assured. Rather why not you can ignore this and look for a better opportunity. My assessment is XXX Company had lost it's credibility and it is highly suggested you look for some other better offer !
From India, Madras
Hi Jignesh,
Employment Attorney are advocates well versed with labour laws and the represent both employers and employees as well. They are professionals who understands the circumstances of the employer & employee and give their solution or they represent their client in the court of law.
Mediator.
It is a confidential service that gives employees and employers in dispute, a chance to work with a mediator to find a mutually agreed solution to the problem. A mediator is a trained professional who will not make any decisions, but help both parties understand each other and work towards finding solutions. Basically the mediators are advocates.
Thanks,
From India, Bangalore
Employment Attorney are advocates well versed with labour laws and the represent both employers and employees as well. They are professionals who understands the circumstances of the employer & employee and give their solution or they represent their client in the court of law.
Mediator.
It is a confidential service that gives employees and employers in dispute, a chance to work with a mediator to find a mutually agreed solution to the problem. A mediator is a trained professional who will not make any decisions, but help both parties understand each other and work towards finding solutions. Basically the mediators are advocates.
Thanks,
From India, Bangalore
Dear Jignesh,
Under the provisions of the Indian Contract Act of 1872, an appointment letter is a contract between an employer and an employee. Since it is a contract, its provisions are binding on both parties. However, is the offer letter also a contract under the provisions of the said act? This is a moot point. Even if you file a suit against the company, and the judge rules that the offer letter is not a contract, your case could be defeated.
Furthermore, was there a clause on the liabilities for the revocation of the offer letter? If this clause was not mentioned, then on what grounds will you file a lawsuit?
Occasionally, the candidates accept the offer letter and later then back out. To avoid this last-minute no-show, the companies have started inserting the revocation clause as well as the clause on "no-show". This is called "Liquidated Damage (LD)". In your case please check the offer letter properly for the LD clause.
Notwithstanding what I have written above, I empathise with you. In life occasionally we do get setbacks. Take this as a setback and move on. Start searching for a job vigorously.
In the meantime, request the HR professional to send you a proper letter on the revocation of the job offer. Explain to him that the revocation of the job offer will create an employment gap in your career. To explain this gap, a letter on withdrawal of the job offer will come in handy.
Thanks,
Dinesh Divekar
From India, Bangalore
Under the provisions of the Indian Contract Act of 1872, an appointment letter is a contract between an employer and an employee. Since it is a contract, its provisions are binding on both parties. However, is the offer letter also a contract under the provisions of the said act? This is a moot point. Even if you file a suit against the company, and the judge rules that the offer letter is not a contract, your case could be defeated.
Furthermore, was there a clause on the liabilities for the revocation of the offer letter? If this clause was not mentioned, then on what grounds will you file a lawsuit?
Occasionally, the candidates accept the offer letter and later then back out. To avoid this last-minute no-show, the companies have started inserting the revocation clause as well as the clause on "no-show". This is called "Liquidated Damage (LD)". In your case please check the offer letter properly for the LD clause.
Notwithstanding what I have written above, I empathise with you. In life occasionally we do get setbacks. Take this as a setback and move on. Start searching for a job vigorously.
In the meantime, request the HR professional to send you a proper letter on the revocation of the job offer. Explain to him that the revocation of the job offer will create an employment gap in your career. To explain this gap, a letter on withdrawal of the job offer will come in handy.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Mr. Dinesh,
Thanks for your comments, as a HR professional it becomes every ones responsibility to help the person about their grievances, I believe in providing authentic information, rather than writing some things. It is clear every one refers to one form or other, assimilate & post the matter to the given situation. That is what I am doing, not merely copy and paste.I hope you might have gone through my various postings apart from replying to the new members like Organizational Chart, Skill Matrix, Appraisal formats, KRA & KPIs and HR policies relating to Startups, Manufacturing & Business Sectors and Hotel Industry etc., in this cite for the benefit of the members
I render my services free of cost with out any expectations and I am qualified HR with four decades of experience I have trained atleast 25 youngsters in the HR field and they are all placed with with very good remunerations packages ranting from Rs. 60,000 to Rs. 1Lac+PM. Moreoever, you may note here that the related person in this case has appreciated and you can more such appreciations in this cite
This is for your information.
Regards,
From India, Bangalore
Thanks for your comments, as a HR professional it becomes every ones responsibility to help the person about their grievances, I believe in providing authentic information, rather than writing some things. It is clear every one refers to one form or other, assimilate & post the matter to the given situation. That is what I am doing, not merely copy and paste.I hope you might have gone through my various postings apart from replying to the new members like Organizational Chart, Skill Matrix, Appraisal formats, KRA & KPIs and HR policies relating to Startups, Manufacturing & Business Sectors and Hotel Industry etc., in this cite for the benefit of the members
I render my services free of cost with out any expectations and I am qualified HR with four decades of experience I have trained atleast 25 youngsters in the HR field and they are all placed with with very good remunerations packages ranting from Rs. 60,000 to Rs. 1Lac+PM. Moreoever, you may note here that the related person in this case has appreciated and you can more such appreciations in this cite
This is for your information.
Regards,
From India, Bangalore
The action of revocation of the employment offer by the XXX Co is faulty and illegal.
Because of their irresponsible act, the carrier of a person at stake. You talk to the HR of the XXX co stating the misery condition of yours, and what option they have with them. You lodge a FIR against the company for cheating and not adhering to the accepted offer. You check out your offer letter is there any clause of thr offer letter "If it states they can withdraw at any time" then you cannot do anything.
Consult a good lawyer for this case. Before you do so, should remember that to get a judgement in our legal system is indefinite.
From India, Mumbai
Because of their irresponsible act, the carrier of a person at stake. You talk to the HR of the XXX co stating the misery condition of yours, and what option they have with them. You lodge a FIR against the company for cheating and not adhering to the accepted offer. You check out your offer letter is there any clause of thr offer letter "If it states they can withdraw at any time" then you cannot do anything.
Consult a good lawyer for this case. Before you do so, should remember that to get a judgement in our legal system is indefinite.
From India, Mumbai
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