How Should I Handle a Job Offer Withdrawal After Resigning from My Previous Job?

I would like to request a suggestion on the situation I have encountered. In mid-June 2014, I received an offer from a company that was contingent on my ability to start on July 1st. Upon discussing this with my current employers, considering my past performance, they agreed to release me early, and I was relieved by June 21st to allow for some holiday time before starting elsewhere.

Subsequently, I received the offer letter from the new company outlining the compensation package and target-based incentives. Upon acceptance, I inquired about the targets, to which the HR informed me they would be sales-based. Given my background in marketing rather than sales, I clarified this discrepancy as it had also been discussed during my interview. In response, the HR stated they were unable to proceed. This news came on my last day at the old office.

After consulting with a third party, a meeting was arranged with the company MD, during which the confusion regarding my role and targets was clarified. The consultant apologized for the misunderstanding, assuring me that my performance would determine my objectives, as outlined in the offer letter.

However, two days later, I was contacted by HR again, indicating a pending final round. The consultant explained that there was a new person involved and suggested a casual interaction to address any concerns. Unfortunately, the new individual declined the offer, leading to a dead end. Subsequent attempts to reach the consultant have been unsuccessful, and returning to my previous employer is not an option as they have since filled my position urgently post-resignation.

Having remained unemployed for the past three months, I am considering potential legal actions against both the employer and the consultant.

Thank you.

Regards,
Parul

Acceptance of Offer and Legal Implications

1) An offer to mature into a contract has to be unequivocally accepted. It seems that has not happened here, so you have no case against the company, harsh as it may seem.

2) If you have proof that the consultant encouraged you to resign on the basis of a verbal understanding, you may have a case against him, though it will be difficult.

Clarification on Apology and Offer

3) "Apologized in front of the MD" is not clear. MD of which company? And what did he say at the time? If the MD confirmed the offer without any sales targets—and the consultant supports you all through—a case may lie against the company, although difficult.

Advice for Candidates and Clients

4) We always advise all candidates and clients we work with to be very clear on the offer letter, joining date, etc., to avoid issues such as this. Still, long ago, a candidate of ours was made a verbal offer by a leading company. Flying back to Calcutta in the evening, she happily told the same to us, and we clearly told her to wait till a formal offer comes through. Due to a rethink by the management late evening, the position went on hold, the client informed us, and I remember calling the candidate at about 11 pm with the bad news. In my honest opinion, it is better to be forthright.

Alternative Solutions

5) Rather than getting into legal tangles, it may be better to speak to the MD of the company followed by a mail explaining the situation as a communication issue—which it is—and seeking his help. Keep in touch with both the employers and also keep applying for other jobs but do not blame anyone during the interview, etc.