Employer Rejected After Accepting The Offer Letter - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Sneha Joshi
Hr Manager
Shrimani DS
Analyst
+1 Other

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Hi,
Jpmc offered me offer letter then later I just asked them can I get leave incase am getting married. I said hr.. I may b getting married and for this reason they have rejected me the offer. Can I take legal action against them?
Please suggest me.

Dear Shrimani,

Your case needs to be handled under the provisions of Indian Contract Act (ICA), 1872. Since you are/were not employee it cannot come under the purview of labour laws.

Under the provisions of ICA, appointment letter is a contract between employer and employee. However, you were issued offer letter and not appointment letter. Therefore, the contract between the two parties not legally established. Nevertheless, offer letter is provided to enter into the main agreement. Should be it also construed as contract? Answer depends on how court interprets the law.

Section 4 of ICA, 1872 deals extensively on acceptance of offer whereas Section 5 on revoking of the offer. The primary consideration is whether you had accepted the offer letter, how did you accept it, when other other party came to know about the acceptance of the offer and after what time span the other party revoked it. Did you suffer any financial losses because of revoking of the contract? If yes, do you have evidence?

I recommend you approaching a lawyer who handles cases under ICA and explain your case. Do not approach lawyers who handle labour cases.

Thanks,

Dinesh Divekar

Thank you so much for reply was eagerly waiting about this discussion.
I've buyed my notice period by giving Rs. 25000.00.
I've debts to be cleared and also it will affect my CIBIL rating.
I've responsibilities and commitment I badly in need of this job. So definitely there be financial loss.

Yes, I accepted the offer letter and later I've informed Hr that I MAY get married for this reason they've rejected me. Sep 22 nd I completed my notice period in pervious organization and on sep 24th they've sent rejection email.
Dear Shrimani, At this stage, you may send a lawyer’s notice. Let us see whether better sense prevails in other party. Else the route of litigation always exists. Thanks, Dinesh Divekar
There is an Offer Letter & same is accepted by the prospective employee by sending duplicate copy to the new Co. Rejection after Acceptance of Offer letter has put the Prospective employee into financial loss as she has Resigned & Relieved from the Previous Employer.
HR must be extra careful & sensitive before issuing Offer letter itself Not to put other party into jeopardy and avoid such Harassment; specially for women employees.
HR Consultant & Advocate,
HOSPET, BENGALURU 29.9.2016

Simultaneously please speak to your previous employer if no one is hired as your replacement then they can take you back. Why because even if you send a legal notice it will be of no good to you. They may hire you for some period and during probation they will fire without giving any reason as it will be one of term in their appointment letter. Its better to search a job elsewhere or if your previous company can take you back. Legal will take its own course of time, apart from that you will be wasting your time and money unnecessarily. This is purely my view you are at will to take/consider other forum members view
In India, this kind of scenario is too common. Usually, they do not prefer women over men and if they select for any reason then they must ask these questions:
1. When you'll get married?
2. What are your future plans for a family?
I suggest you to just let it go this offer and search for another job and kindly mention before an interview that you will be taking leaves for marriage so afterwards, you won't face any kind of adverse situation that you already faced.
We have Glassdoor website where you can give your view about any company, you can write your view and this incident there.
I wish you all the best!
-Sneha

Sure, thank you so much for advise. Really much appreciated and helping me on this.
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