Facing a Job Offer Dilemma: How to Handle a Costly Affidavit When You Can't Join?

Hi, Recently, I accepted a job offer letter and signed an affidavit stating that if I am unable to join the company, I must pay an amount exceeding the salary they offered. Due to personal reasons, I am unable to join the company at this time. I have received a letter from them without prejudice. What should I do? I have informed them of my reasons, but they have not provided me with any definite clarification. Now, this situation is adversely affecting my career.

Hi, When you are not sure about joining, it would be better to refrain from signing affidavits. As already clarified in another thread, the employer-employee relationship commences only after signing. Just because you signed the offer letter, no employer can force you to join. Such offer letters are not valid. You can reply to the employer stating that due to some inevitable situation beyond your control, you are not able to join them.

Content of the Affidavit

What was the content of the affidavit? Did they provide you with a copy, or have you asked for a copy? It is better not to join employers who behave like this before joining itself.

Hi, thanks for the reply. I am attaching a copy of the affidavit here.

Hi, their allegations are baseless. It is better to respond to them through an advocate (for which you would need to spend money) or reply directly with an appropriate reason.

Hi Sourabh, This event is not going to harm your career at all. No employer can force you to join the company, even after you have signed the offer (though it is your moral and ethical responsibility that, after signing the offer, you should join the company). Next time, please make up your mind before signing an offer. You can make peace by stating a valid reason for not joining the company via email (for proof). You are not obligated to pay anything before associating with them. I would suggest not applying to companies that encourage candidates to sign a bond. If you do not make a wise decision in choosing companies, it will definitely affect your career. Hope this is helpful to you.

First, I would suggest you remove your name, mobile number, and contact information from the letter and repost it. It is dangerous to share those as unscrupulous people and bots can pick them up.

Legal Implications of Signing the Letter

You have made a mistake in signing such a (sorry to say) unwise letter and landing yourself in hot water. However, Indian law does not allow contracts to restrain trade, so the letter is invalid and void ab initio (from the beginning). Further, the letter specifically mentions the employer-employee relationship, which begins from the appointment letter and not the offer letter.

Preparing for Legal Action

These are matters to be discussed in court, which can be an expensive affair, so you need to be prepared for it. Let them try to recover this in court; it will be far more expensive for them than they think they can recover. In the meantime, go and speak to an advocate, have him frame a response, and send a cease and desist letter on grounds of harassment, defamation, and any other grounds he can think of.

Seeking External Support

Also, go and meet the labor commissioner of your area, any pre-labor NGO/activist organization in your area, and maybe local political parties, all those who can make life miserable for them.

You have signed a job offer letter, which is a letter of intent. By doing so, you are agreeing to take up employment with this company. Since you have not joined, nor have you signed and accepted your offer of appointment or employment contract with them, you need not worry. Remember, you should not mention this to your future employers.

To my understanding, the legal notice is an empty threat meant to intimidate. As already suggested, the terms of the affidavit are not legally enforceable.