Seeking Advice on Filing a Complaint for Relocation Costs and Mental Harassment After Job Offer Withdrawal

Respected HR expert,

I received an offer letter via email after a telephonic interview from HR at Sociapa, Noida 116. I confirmed my job acceptance and subsequently traveled from Varanasi, booked a hostel, and joined the company on May 2nd. After working the entire day and completing the joining formalities, the CEO of the company informed HR that she does not like the candidate, which is me. However, she did not engage in any discussions regarding the job with me, nor did we have an official meeting.

I am seeking to file a complaint against this company for the expenses incurred during my relocation. I am also requesting compensation for the mental harassment caused, as well as reimbursement for my one-day salary. Please advise on how to proceed with this matter, as I intend to email them regarding the compensation and expenses.

Thank you for your assistance.

Hiring and firing in one day is definitely not ethical, especially when an outstation candidate has relocated to the work location solely based on the offer issued.

Appointment Letter and Separation Clause

On the day of joining, did they issue you an appointment letter? If so, please check the separation clause in the appointment order. While it might be the employer's choice whether to keep an employee or not, they are supposed to compensate you properly as per the separation clause.

Contacting the CEO and Legal Steps

You can write a detailed email to the CEO about the expenses incurred by you solely based on the employment and request the company to refund the same. You can send the email via registered post with acknowledgment due as well. In case of no response, you may contact the Labor Officer of that jurisdiction.

If necessary, you may serve them a legal notice if there is no response.

Dear Madam, Thank you for the prompt response. I received only the OL (please find the attachment for reference). HR prepared the AL but did not share it with me. I want to email them in legal language so that they don't do this to any other employee in the future. Also, I have no idea how to proceed with the legal notice. Please help.

Hi, this is just an email offer, so an Appointment Letter was not issued. Do you have any other proof related to the one-day joining over there? Also, they hired you as Manager HR, so by approaching the Labour Office, you might not get a significant response. I suggest you send a letter to them through RPAD asking for a refund of expenses incurred.

Present the fact that you traveled to Noida from Varanasi purely based on the offer email and also incurred money towards hostel booking, whereas you were not allowed to continue without any reason or justification.

Present that you were humiliated by their act of not allowing you to continue and were subjected to mental agony for no fault of your own.

Ask them to compensate a lump sum amount of Rs.____. Tell them that if they fail to settle on or before ____, you will be constrained to approach the Civil Court for justice.

Mark a copy of the letter to the Labour Commissioner/Joint Commissioner of Labour of the respective jurisdiction.

By the way, I'm Mr. Lakshminarayanan.

Legal Remedies for Employment Disputes

Given the designation of the employment offered, the remedy needs to be a civil action rather than approaching the Labour Department. You can serve a notice, preferably through an Advocate, before approaching the Civil Court. There is also the option of approaching the Adalat functioning under the District/Taluka Legal Service Authority.

Dear Sir Lakshmi Narayanan and Mr. P. Venu,

I cannot thank you enough for your valuable suggestions and mental support. I followed your advice, and they offered me the opportunity to rejoin the company. The communication process is ongoing for compensation. However, I have decided not to return to that company and am actively seeking another opportunity.

Regards,
Archana

Hi, good to know. It is a good decision not to join them again, as such employers will go to any extent in the future as well. Please stick to your reimbursement claim on actual expenses incurred. Wish you all the very best in your future endeavors!

Dear Sir, I sent an email to that company for compensation. Their reply is as follows:

Hi Archana, We have to start fresh and accordingly, things will be decided. Kindly acknowledge the same if you want to join and continue further. Things will happen based on mutual understanding.

Please advise.