Job Offer Revoked on Joining Day: What Legal Steps Can My Friend Take?

This is a very harsh reality faced by one of my friends, which I am sharing with you. He was working with an FMCG company as a Sales Officer and quit the job because he received a good offer from a competitor in the same field.

This fellow tendered his resignation to his current employer and received clearance from his previous employer. However, on his scheduled joining date with the new employer, they refused to let him start without providing any valid reason.

As far as I know, this situation is not covered under the Industrial Disputes Act. The only remedy available is under the Indian Contract Act.

Now, my question is: what legal remedy is available to this individual and how should he proceed?

Please reply with your suggestions.

Regards,
Vikram Singh

Hi,

I really pity your friend. He should have been more prudent. We don't exactly know what happened between the former employer and the present employer. In this given situation, one cannot give any suggestion or opinion unless the truth is known. Normally, any company would not venture into this sort of dirty move, and your friend was a victim. However, unethical HR practices are still exercised by certain family-run companies.

I earnestly wish your friend the best in all his endeavors.

Regards,
Michael Nicholas

Hi,

Unless your friend has any documentation or correspondence about an offer of employment and subsequent joining date, he can do nothing. If he had good relations with his previous employers, he should try to approach them and explain their position. Otherwise, tell him to post his CV on a website, or you can pass his CV on to us so that we can try to fit him somewhere.

Regards,
Ryan

Vikram,

The situation is really grim for the person who is going through this and is without a job. What we are left with is just to guess different theories which may have worked. In this world where one says do not even trust your own child, your friend has just accepted the verbal commitment and has not requested a written communication from the new employer. The possibility is that something transpired between the previous and the current employer. One thing he could do is make efforts whatsoever and meet 'his to be supervisor' to find out what went wrong and try to prove himself, along with briefing the person about his commitments and the repercussions of no job—may help.

Cordially, preet

Hi,

I really pity your friend. We exactly don't know what would have happened between the former employer and the present employer. In this given situation, one cannot give any suggestion or opinion unless the truth is known. Normally, any company would not venture into this sort of dirty move, and your friend was a victim. However, some unethical HR practices are still exercised by certain companies which are owned by some kind of SEATHs.

I earnestly wish your friend the best of luck.

Regards,
Zafar

Dear Vikram,

It's a cruel world, but I wish your friend was not so naive. One needs to have official communication, either in the form of an offer letter or an appointment letter, before taking any steps. Could you please post his CV on the portals available? However, I sincerely hope he has already secured another job.

Regards,
Paromita

Thank you very much for the support shown by the CITEHR Community. Vikram has secured another job at a lower salary, but it's a harsh truth that such practices are common in small Lala culture companies.

Regards,
Vikram Singh

Personally, I feel these kinds of things should be brought into the limelight. Okay, we all heard that this happened to him. We need to bring this company to the highlight... Maybe in the news... This is the worst for the person who has gone through it. Today, news channels show all negative talks so much... Why can they not show something like this...

Hi Friends,

There is no legal obligation even if the company has offered the candidate. They have all the right to take it back. But these sorts of practices should be avoided, and HR should be ashamed of such a practice even if he is forced to do that.

I also recommend highlighting the name of the company; at least another HR professional will not get trapped in the prey. Many small companies engaged in such activities really disturb the talent, and they are afraid of all small companies.

This community should encourage ethical practices and also strongly condemn unethical practices.

Regards,
Vijayakumar

Hi,

Even I faced this just 10 days back. I got an offer of HR Manager at Gold Souk (I am purposefully naming the company to make everyone aware of this company involved in such unethical practices). They offered me this position and sent me an email with salary details and asked me to join in 10 days (i.e., on 1st May). I requested that I would be comfortable joining from 15th May. Then I kept waiting for the reply for 10 days, and finally, on 2nd May when I called them, they said that someone else had already joined them. It was a real setback because I had made all plans accordingly.

But, even I can't do anything because I do not have a proper offer letter.

Regards,