Hardeep
Scalper :-)
Paruljain5.83
Marketing Professional

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Dear Members,

I would like to request for a suggestion on the situation I have got into. I received an offer from a company in the middle of June 2014 but the offer was based on the fact if I am able to join from 1st of July. I discussed the scenario with my current employers, considering my past record they agreed to relieve me soon and relieved me by 21st of June as I needed some time for a holiday before joining some where.

In the mean time, I received the offer letter from my new company which had the remuneration part along with some target based incentives. I accepted the offer and asked them what would be the targets, to which the HR replied that they would be based on Sales. However, I am a marketing person not into sales, so I replied that please check I am not a sales person and this was discussion done in my interview as well. I received a reply from the HR saying then we are sorry we will not be able to take it forward. I was shocked as it was the last day in my old office. I discussed it with the consultant and they interfered and called me for a meeting. The consultant apologized in front of the MD of the company saying that the HR had some confusion regarding your profile and you definitely do not have sales related targets its would depend upon your performance and I should consider the offer letter as final.

2 days later I received a call from the HR again saying that my final round is still remaining. The consultant said they are not understanding and some new person is joining and it would be nice if I can just casually talk to him, they would be satisfied. The new person denied to my offer and said they would not like to hire me. The consultant is not taking my call. I cant go back to my old employer as they hired someone on urgent basis after my resignation.

I am apparently jobless now since past 3 months and want to know whether there is any legal action which I can take against the employer and the consultant.

Thanks

Parul

1) an offer to mature into a contract has to be unequivocally accepted. It seems that has not happened here so you have no case against the Company, harsh as it may seem.

2) if you have proof that the consultant encouraged you to resign on basis of a verbal understanding you may have a case against him, though it will be difficult.

3) " apologized in front of the MD " is not clear. MD of which company ? And what did he say at the time ? If the MD confirmed the offer without any sales targets - and the Consultant supports you all through - a case may lie against the Company, although difficult.

3) We always advise all candidates and clients we work with to be very clear on offer letter, joining date etc. to avoid issues such as this. Still, long ago a candidate of ours was made a verbal offer by a leading company. Flying back to Calcutta in the evening she happily told same to us and we clearly told her to wait till a formal offer comes through. Due a rethink by the management late evening position went on hold , the client informed us and I remember calling the candidate at about 11 pm with the bad news. IMHO it is better to be forthright.

4) rather than getting into legal tangles it may be better to speak to the MD of the Company followed by a mail explaining the situation as a communication issue - which it is - and seeking his help. Keep in touch with both the employers and also keep applying for other jobs but do not blame anyone during the interview etc..

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