How Should I Legally Handle Cancelling a Job Offer When a Candidate Keeps Delaying?

Hi Seniors, Our company interviewed and selected a candidate on 16th Nov 2012 as a Software Engineer, who was supposed to join us on the 19th of Nov 2012. This candidate was previously working with another company. On the 19th itself, the candidate came and requested to be provided with the appointment letter so that he could show it to his previous company and get the relieving letter from them. Also, he wanted to take this appointment letter to his family temple for Pooja and also said that he would officially join by 21st Nov 2012. I spoke to my manager, and he approved it, and we gave the appointment letter to this candidate. The candidate immediately left the office after receiving the appointment letter. I tried contacting him on the 21st when he didn't come and got the reply that his family temple Swamy said that Wednesday (the 21st) is not an auspicious day, so he would join on the 22nd. Again on the 22nd, I called, and he responded that his grandmother is not keeping well, so he is going to his hometown. Till date, he has not joined us, and today again, I called him for final confirmation, and he said that he needs 2 more days and will join by next week. I informed this to my manager, and he told me to inform the candidate that his job offer is canceled, and we are appointing a new person in his place. Should I simply inform the candidate about canceling his offer (as my manager said), or do I need to legally inform him about the same? My query is what exactly is the actual procedure or measures to be taken in such a situation? Please advise.

It seems that after taking the appointment letter from your company, he showed it to his previous company, and perhaps he received a salary hike from them. This is a trick often used to secure an increment at a previous company. Otherwise, obtaining a relieving letter after showing the appointment letter doesn't make sense. He could have obtained the relieving letter based on his resignation letter as well.

Just send him an email stating that if he does not join our company within 2 days (or whatever your company decides) of this email, then the appointment letter/offer letter dated [specific date], will be treated as canceled. You can also include this in your company policies for future reference.

Thank you.

As rightly stated by Bhawana, you could send him an email stating that his offer is cancelled. Karthik, it is a very common practice for a candidate to ask for an offer letter, and they use it not only to negotiate with their current organization but also with new companies.

This candidate is taking you for a ride. Remember, before joining, he is already causing you so much trouble. Just think about what he will do once he joins. It seems he has lots of other priorities besides taking up the job, so let him continue with his priorities. You are an emotional person, so you feel bad, but be practical, or you will be busy dealing with these kinds of people who will take advantage of you.

Regards,
Anita

Thank you all for the response. However, I have already called him almost every day regarding the joining, and last Saturday (24/11/2012), I called him for final confirmation. He said that he would definitely be joining by Monday (which was yesterday, 27 Nov).

Is it necessary for me to send a confirmation email again asking the same? Looking forward.

Regards,

If this candidate has never joined you on the stated date of employment in the appointment letter and is not responding accordingly even after your numerous confirmations, a notification letter needs to be issued stating that his employment is being canceled due to this reason. The reasons he has provided, such as his family temple not allowing him to join on the date as stated in the appointment letter, are not acceptable on professional terms. As he has not joined until today, you have every right to cancel his employment.

Secondly, you may follow the well-defined procedures and suggestions provided by Ms. Bhawana and incorporate such terms into your policies.

Thank you.

The issue I see here is the Appointment Letter which you had given him. An offer can stand invalid depending on some clauses mentioned. However, an appointment letter will be issued only on the day when an employee joins the organization.

Your case is different; you have issued an appointment letter before a candidate's joining date. An offer is just a letter of intent wherein the organization promises a candidate employment based on certain attributes. What I want to know is if there are any special clauses added in the appointment letter. There should be a joining date and some clauses governing it.

Is it possible to post the main body of the matter, which would help us to comment in a better way? However, you can send him an official communication stating that the offer stands withdrawn if [Name Removed] does not join on [Date Removed]. It would be better if you could help us know more about the clauses added in the issued letter.

Regards.

Hi Mahesh,

Thanks for the response. We have not issued the appointment letter before the candidate's joining. The candidate was supposed to join on 19th Nov, and he came on that day itself to join. However, he said that he would officially start working on the 21st after taking care of matters with the previous employer and the temple. Ultimately, he didn't come after that.

Regards.

Thank you all for the response. But I have already called him almost every day regarding the joining, and last Saturday (24/11/2012), I called him for final confirmation. He said that he would definitely be joining by Monday (that was yesterday - 27 Nov). Is it necessary that I need to send a confirmation email again asking the same? Looking forward...

Handling Appointment Letter Misuse

Candidates have a habit of misusing the appointment letter, and many companies include a clause that states if the candidate does not join by a specified date, the offered position would be canceled. I think you can suggest implementing this for your future tasks. Regarding the individual you are concerned about, I doubt he will join. Start sourcing.

Regards.

Handling Candidate Appointment Letters: Best Practices

This type of behavior is observed in certain cases. Candidates often try to take advantage of the opportunity and are seen bargaining with their existing employer. It is always better to issue a Letter of Intent (LOI) at the time of selection and send the appointment letter only after the candidate joins the company (on the same day or within 1-2 days of joining).

In this particular case, if an LOI is issued to the candidate, you can send them written communication providing a brief history of the situation and informing them of the management's decision to cancel the appointment letter that was issued to them.

First, tell me what you mentioned in the offer (of appointment) letter as the last date for reporting to duty. Has this elapsed, or are there still some more days left? If you granted an extension of joining time again and again, as you narrated, I presume every extension is oral or by email. It shows how badly you are in need of him joining your firm. Have you asked him to produce any experience letter and relieving letter from the previous employer? Have you verified his antecedents? Subject to these measures, you decide whether to await his extension of time or joining. If the time limit has expired and you don't need his services or cannot wait indefinitely, you are free to inform him of the cancellation of your offer, and in his place, someone else has been appointed, etc. Let this be in writing, either through email or by speed post and one post by ordinary mail, one through a courier, and one message by telegram. This would complete one cycle.

Regards,
Kumar S.

Handling Absconding Employees: A Step-by-Step Approach

Since he joined his duty on the 19th and the appointment letter was given on the same day, yet he is not turning up for work, this is a matter of absconding. I hope that your company has some policies or standing orders to follow. Please send the candidate a letter of absconding from duties and ask them to report within 3 days upon receiving the letter; otherwise, the candidate will be terminated. Terminate him if the candidate does not join within the stipulated time. I hope this resolves your issue.