Facing Legal Threats Over Offer Letter Withdrawal: What Are My Rights and Liabilities?

Hi Seniors, A month ago, I accepted an offer from a local African company, and based on this acceptance, they sent me a flight ticket. Unfortunately, due to some sudden, unforeseen, and unavoidable incidents in my family, I couldn’t board the flight, which was scheduled for the very next day. Also, I had to cancel my overseas joining, which was well informed to the HR of that company. Now, the HR person is asking for the reimbursement of the airfare (USD 900), and in case of failure to pay, he is threatening me with legal action against me in the court of law in India. He is also threatening to advertise on the internet and consultancies and inform his HR colleagues in India & abroad that people like me misuse offer letters and then backtrack on commitments and promises. I have made an inquiry with the relevant airline, and they assured me that a refund has been processed from their end, post deduction of their NO SHOW charges of USD 55 and airline charges of USD 35. Regarding travel agent service fees, they cannot tell me the charges. I’m presuming it will be USD 50. (Net liability according to me is USD 140 against their claim of USD 900)

Please Guide Me on the Following Queries:

1. Have I really committed a crime by not joining them after accepting their offer letter?
2. Can they take any legal action on this ground against me in India?
3. What will be my liability towards the airfare?

Regards, Rajni.

Replies to your questions are as below:

1. Have I really committed a crime by not joining them after accepting their offer letter?

Comments: You have not committed a "crime" per se but have demonstrated unprofessional behavior. Before applying for an overseas assignment, you should have been thoughtful of your family obligations. The tussle between career and family obligations goes on forever. Professionalism lies in choosing the proper side and holding on to it. You cannot cross the demarcating line that divides these two and then backtrack. Secondly, if you have missed the flight, why can you not arrange the next flight on your own? Why are you holding on to India? Is it that you do not wish to join?

2. Can they take any legal action on this ground against me in India?

Comments: Legal action will depend on the terms and conditions mentioned in the offer letter. If the terms and conditions fulfill the provisions of the Indian Contract Act, 1872, then it could be a breach of contract, and you could be liable for legal action.

3. What will be my liability towards the air ticket?

Comments: They have asked for US$900. Ask them to what extent they are ready to negotiate. Check whether the price can be lowered.

Final Comments: It is easy to withdraw from the accepted offer. But then think of the company. If you were to be the MD of some company and if a candidate had backtracked like you, how would you have felt? Please spare a few moments to ponder on this question. Since you have not spent anything on the Visa and flight ticket, it is easy for you to withdraw.

Thanks,

Dinesh Divekar