Job Offer Delayed After Resigning: Should I Seek Legal Action or Compensation?

Dear All,

My problem is that I have been selected by a company where I have been given an offer letter along with the joining letter. I was instructed to obtain a relieving letter from my previous company urgently, despite having a notice period of 3 months.

I managed to secure the relieving letter within 15 days as the new company assured me they would cover the penalty amount for not serving the full notice period. However, after I was relieved from my previous company, my joining date was postponed multiple times due to uncertain reasons. Each time I reached out to inquire, I was provided with vague explanations and advised to begin searching for a new job.

In this situation, I am seeking advice on my available options. What should be my stance regarding legal action or compensation? Please suggest the best course of action.

I am eagerly awaiting your valuable suggestions.

Shailesh

Hi Sailesh,

As you mentioned, if they promised to pay the compensation for the notice period, it should be clearly stated in the offer letter. If it is not, then it may be your responsibility.

If the compensation is specified in the offer letter, you can proceed to meet the senior HR personnel at the company to discuss and claim the compensation. Otherwise, you may consider taking legal action, as an offer letter is a written agreement that should be binding.

Please let me know if you need any further assistance or clarification.

Dear Shailesh,

With reference to your posting, you have mentioned that your joining has been postponed due to uncertain reasons. If you can clearly state whether you requested the postponement of joining or if it was initiated by the company, it will be easier for us to assist you.

In the event that you postponed the Date of Joining (DOJ) without requesting or receiving a new offer letter with the updated DOJ documented, then it may be considered your fault. If you postponed your joining, the company might have assumed that you would not return, prompting them to urgently fill the positions.

If the company postponed the DOJ, you should have formally requested the new date in writing. Essentially, whoever postponed the DOJ, you should have requested a new letter for future reference and for further processes.

Please correct me if I have made any errors.

Regards,

Deepak S

Hi bhandhavi.r,

Can you please attach your offer letter so that I can advise you in a better way? The offer letter and joining letter are hard copies. My question is, as they are telling me that I should start searching for a new job or wait for an indefinite time (time they are not mentioning), can I take any legal action if they are telling me so?

Regarding the penalty amount, it was a verbal commitment made by the company to me. Apart from that, can I take legal action if they are not willing to hire me?

Please reply.

Company postponed my DOJ. They are not providing me with the new DOJ in writing as it is not yet finalized. It has been almost a month now. What should I do next?

Hi Shailesh,

I wish you had a very promising base to rely on, indicating that you would either get the job or receive justification for what has been done.

What happens is - the HR should ensure that the employer/boss understands, even before sending an offer or appointment letter, that the candidate would be completely dependent on the offer letter. The candidate may quit their current job, hoping to join us for a better career future. The team should be very confident that they will definitely need a person for the role they are recruiting for. Sometimes, management changes and recruitment plans also change. These situations can make things really difficult for candidates being interviewed, as activities may be put on hold or completely frozen, or even the management's decision may change.

If they have mentioned that "You can start looking...", I believe they meant that the chances of this position being open are really low (less than 10%). Take this as a lesson (harsh though), and start looking for a new job. Please present the offer details to your prospective employers during interviews.

On the other hand, I would suggest trying to hold back your emotions and casually ask the HR or the coordinator there about the situation - do they really need or not require a person there? Be open and ask them not to worry, even if it's a negative response, because you will get to know what happened.

Hi,

I have gone through your previous post. The people who have provided you with the offer letter should be more careful. This is really shocking. Now, the thing is, you definitely need to move forward. Talk directly to these people, including the signing authority in the offer letter and the coordinator as well.

Regards,
Brijesh

Dear Sushil,

First of all, if the joining date is mentioned on your Letter of Intent and joining letter, then you can file a legal action against the company.

With regards,
Sunil Sharma
8010161522

The company can stop the offer at any point of time due to various reasons. It might be a background verification, or the requirements for this position have changed due to the financial crisis, or there could be other reasons where the company can always protect itself from such situations.

However, I really feel bad about whatever happened to you as the company had gambled with your career and life. While you may consider taking action, I am not very sure about going against the company with legal actions. It might be better to meet with a lawyer in the labor court and ask for a proper solution.

Regards,

Deepak S

Dear Shailesh,

I can understand your emotions. It's a lesson for you, but don't think and ask God why you... I suppose the offer letter should be in hardcopy on the letterhead of the company? You can obviously claim against the company, but it will all be a waste of time. If you want to make the company feel afraid, you can definitely send them a court order by speaking to a good advocate. It would be much better if you know any advocate. Otherwise, start looking for a new job. If you don't have any problem rejoining your previous company, you can definitely go for it. If your previous company doesn't have any issue, then I would suggest you because at least you trusted that company. Don't be emotional.

Regards,
Dimple