Hello everyone..

Hope you all are doing well..

I have a query, here it follows..

We are Software Company. Recently we have offered a job to a candidate for Sr. SEO Executive (Search Engine Optimization). After clearing everything regarding the package, joining date we have sent him soft copy of Offer letter. When I asked him to revert to that mail he said will be sending the joining confirmation next day. I agreed upon that and next day he sent mail stating that he wonít be able to join our company because his current employer is not releasing him and they are offering him the same package wt we are offering. Two days after I received another mail from his side in which he apologized for his behaviour and the delay in joining confirmation and also cleared heíll be joining from the given joining date and there will not be any delay in joining from his side. Again around 10 days after I received mail from his side he stated that he wonít be able to join because he is shifting to Mumbai.

When I discussed the same with management they asked me to take legal action upon this.

Kindly suggest me what can be done

From India, Pen

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First tell me what action you want to be take.
Its employee wish where he want to work, As on date just you offered him and he accepted your offer and the same day when same employer is ready to
give him same package then you can't be force.

From India, Mumbai

Don't waste your time and money.
What is more important? Teaching him a lesson via legal action or hiring for the position and ensuring that it is not vacant.
This is a part of life in recruitment - so live with it.

From India, Mumbai
Dear Veermati,

A offer letter is a document which a candidate can accept or reject. It is a offer which is offered by the company to the candidate who the company thinks thinks best suits the position they are hiring for.

According to me, there is no provision in the law for a company to take any legal action against the candidate to reject the offer.

As per your query below, the management has advised you to take a legal action because the candidate had twice accepted the offer and then backed out. The fault is from the candidate also, but the candidate will also try to negotiate in their current organization and if their current organization is willing to offer benefits as per the candidate's demand, then its the candidate who has to take a call for the offer. Your management had advised you because the time, energy and resources were utilized for hiring a suitable candidate.

Finally, I would like to say that try to place yourself in the candidate's shoes and see if it is actually possible to take any legal action or not.

Therefore, always have a second shortlisted candidate which will help you to reduce the re-work for that position.

From India, Mumbai
Dear all, In my opinion no legal action can be taken as each and every person is having liberty either to accept or reject your offer. P K Sharma
From India, Delhi
As mentioned by my other friends why to waste time in negative things. You can not force someone to join or not to join. I have seen the cases where employee was offered a job and after getting relived from the present employer when he went to join new employer ,they refused to give joining.
If you talk legally also you can not take any action.in offer you should have mentioned a penalty clause where it should have mentioned clearly that after accepting the offer if you fail to join than you will be penalized for so an so amount.

From India, Delhi
Dear Veermati
You are wasting your time and management too. Please guide to your management that "In the recruitment process and In the sequence of finalization of candidates and after checking all candidature we are giving an Offer". The name of " Offer" is sufficient to decide that any clause of action can be taken / not.
This is for your future referance. Be think on the word "First"

From India, Noida
I too agree with!

you offered the job and he didnt accept, then accepted then didnt join. candidates do that quite often when they have two-three offers in hand. many of them are simply job hoppers and not serious about quitting. for many of them giving interviews is just fun and learning. That's all.

being in recruitment we have to ignore them, no other option left. legal actions consume lot of time and energy which we can use for finding a better resource.

That's where recruiter always have two-three candidates in final list, if one didnt accept or join even after accepting, you offer another one in queue.

That is the circle we you will be used to after some time.

Although I would like to know from seniors if accepting an offer in writing will make a candidate liable to be sued in case of violating the offer by not joining. How practical this practice is in terms of following the contract of offer.

Moreover we always include 'this offer is subject to your joining on XX/YY/ZZZZ date at HH/MM." it stands cancelled once the time is over.

From India, New Delhi
I have seen companies charging x% of monthly gross salary offered to employee while accepting the offer in physical just to ensure that candidate does not back off. Doing so you reduce the chances of not joining.
But believe me who got another good offer (in monetary terms) will not join even after paying the amount for offer.

From India, New Delhi
An offer letter is just what it says - an "offer" you have made to the candidate. He did not join the organisation for whatever reason... Well, life is like that. My suggestion to you is to move in and offer the position to someone else. However, this time, keep a backup in case history repeats itself. Not accepting a job offer is no crime... so, forget legal action. :)
From India, Patna

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