Dinesh Divekar
Business Mentor, Consultant And Trainer
KK!HR
Management Consultancy

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Anonymous
I received an offer letter for a new position with a new employer. I handed in my resignation to my previous employer, and served out my two months notice period.

After my last day at my previous company, the new company informed me that they needed to postpone my onboarding for a week due to the Coronavirus lockdown. The lockdown was extended beyond that week so I requested a virtual onboarding, however that did not occur. It's been 4 months and yet they have not provided a Date of Joining, and when questioned they replied saying that they can't give specific joining date and I will have to wait - but nobody knows how long the wait will be.

Can I proceed legally against employer after I get another job?

Is the company liable to compensation as per LAW?

Note: I have accepted offer letter with Date of Joining mentioned in it.

From India, Gulbarga
Dear friend,
I understand your predicament. You have given up your old job but the new one did not come. When one is neither here nor there, it is really frustrating.
Notwithstanding the frustration, the verbatim of the offer letter needs to be understood. Has anything been mentioned on revokal of the offer letter? What are the liabilities of the employer for delaying the offer?
Under the provisions of Indian Contract Act, 1872 "Appointment Letter" becomes a contract but "Offer Letter" may or may not be. This is because of the clarity that is established in the former but may not be in the latter.
Anyway, without waiting for the same opportunity any longer, you may start looking for the fresh opportunity. The delay in taking you on board signifies the poor financial condition of that company. Therefore, it may not make much sence to join such company.
Thanks,
Dinesh Divekar

From India, Bangalore
Your predicament is appreciable, you neither have the old job nor the new one. As rightly pointed out by Dinesh Sir, you need to bid for the time and sincerely wish & pray for the lockdown to end. As regards your chances in any litigation in the matter, there is a legal principle called "Force Majeure'', meaning the act of god or circumstances going beyond the control of the party. You would also agree that the new employer is not responsible for the covid pandemic and the situation is out of control. Assuming your acceptance of the offer of appointment as a binding contract the aforesaid legal principle would come to its rescue and will come in your way to get any substantial relief from courts
From India, Mumbai
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