Psdhingra
Legal Analyst, Hrm
Pvenu1953@gmail.com
Retired Government Servant/advocate
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
Prudwii
Recruiter
Cma1984
Hr Head
Tharun137
Developer
+3 Others

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Hello,
I got a offer from a MNC and they issued the offer letter and I resigned to my current organization and after 30 days they called me and told due to some internal reasons they are not taking me and told that the offer is rolled back.
Please suggest me how to proceed with this situation and can I take any legal action on them?
Thanks

Unbelievable. I don't think an MNC gives so much time of one month or more to a candidate in their offer of appointment to join and then cancels offer. Can you please state the real fact or the reason quoted by the company for roll back of their offer?
No matter of strange on it, even i got the same before, i was appointed as software developer after 23 days i got an official mail that they are cancelling the offer letter with no matter of rejection, i just accepted it and joined in a different company, so they have many reasons behind the rejection, we cannot go with a legal action on the offer if they mention on a condition, so i can suggest you first read the offer letter including the conditions and speak with the HR team threw mail or mediators from whom you got an offer, they can guide you, if the mistake from our side we have to stop an every action before taking on it, so please think and proceed
Dear Tharun,
That way, the MNC hired you against some prospective project. There is a clear distinction between the offer and appointment. A candidate cannot exert any right unless he becomes an employee after joining the organisation on formal appointment. So, offer does not entail any legal claim of the candidate. With respect to legal angle, contractual obligation between employee and employer starts after he joins the organisation.
So try to find some other job with cool mind forgetting the episode of offer by the MNC.

I believe there are a few technicalities. First, the letter of employment was issued by the company. Has the employee signed and accepted the offer indicating the date that he will join the company?
If not, the company has every right to withdraw its offer of employment. Secondly, did the employee fake certain personal details? For instance if he had faked his past employment records or his
qualifications, the employer has the right to withdraw the offer. In good faith, the job was offered to the candidate and if the employee had lied in one way or another, the employer is right to withdraw
the offer of employment. A common lie that candidates tend to do is to inflate their past salary or earnings. Some may say that they had worked in AAA company for 5 years when the truth is a much shorter period. Employers have their resource to find out a lot of information. So, if someone has lied to get a job, the employee should blame himself for the situation.

Hi!
I agree with Anonymous. Even reference checks could be responsible for the company to retract their offer. But they may chose not to tell u about the same.
At this stage, a legal action will not help.
regards
Vineeta

In my own experience, I have seen candidates, even accepting our offer of employment but never joined.. What legal action could we think of against such candidates !! So, all is fair in love, war and employment offers ! hahaha
Dear Tharun,
Since you never joined the company, legality does not stand. It is the same as any (in general) software developer accepting an offer and not joining the organisation.
So that is a brief answer to your question.
Now coming back to your interview skills;
- Did you not inquire about the job function/description? (I mean you must have had some kind of idea whether it is project based for client or function based)
- In general any candidate does inquire about short (2-3 yrs) and long (5-10 yrs) term prospects with the employer. (Did you miss this? Make sure next time you don't!)
- Since you are already in IT field, you must be having an idea about the volatility of offers in your field.
- Next time may be you can request a withdrawal clause (the company may make this on both sides) to be added to offer letter before accepting it.
Do not give up hope and I wish you all the best for your job hunt.

For what position were you offered job with them?

I agree with PSDhingra sir that after 30 days of offering job, it little strange they rolled back your offer. The reasons stated by Anonymous above could be the reasons. To share with you guys, at the beginning of my career (I was fresher) I was offered job in recruitment but in 2 days time offer was rolled back saying the position went on hold. Now the real reason could be that they must have found a better candidate... in lesser salary or with some experience or with better exposure...whatever reasons but like NK SUNDARAM sir mentioned there cannot be any legal action or as such can be involved.

Are you sure you are unaware of reasons. Just saying....

But it is real bad that now you have resigned from your previous job and even this offer is no more valid. I suggest explain your ordeal to this HR (MNC who rolled back your offer) also if you were associated with your previous organisation for longer period of time and if you have had an amazing work experience with them then talk to your HR (previous) if you can re-apply for the same position.

Good luck!

Hello Tharun,
I guess you have only TWO options now.....I am NOT counting 'going legal' as one of them.
1] Discuss with your current Boss & HR & see if you can take back your resignation & continue in the same Company. This, however, has it's downsides--you will be morally indebted to them & you may not be able to resign again soon, even if you get Obama's job.
2] Look for another job ASAP. The downside here--IF this takes some time--would be the gap between your Date of relieving & Joining the new job.
Pl don't waste your time, effort & money by thinking of going legal.....it MAY be an option technically to put that MNC into trouble, but not worth it practically FOR YOU.
All the Best.
Rgds,
TS


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