Hi all, I would like to request your guidance on how to proceed in my case. I used to work in an MNC. My Last Working Day (LWD) was on March 30, 2020. Due to the lockdown, the new company (mid-sized) changed it to April 15. I was a bit skeptical about the new company and decided to revoke my resignation, which was accepted by my old company. I had several discussions with the HR of the new company, and they convinced me that they would initiate my joining formalities as soon as the government allows the company to reopen. Based on the commitment of the new company's HR, I resigned for the second time within a gap of 4 days.
My old company manager was understanding enough to accept my decision and allowed me to stay a bit longer, considering the market scenario. However, the new company misled me by initially stating that the new joining would happen by the first week of May, only to postpone it to July 1 when the time came. Now, they have further postponed it to August 3. It is evident to me that they are not interested in continuing with the joining process but rather extending it to prompt me to leave on my own.
I have been jobless for over 2 months now and am under tremendous pressure to meet my financial commitments and loans. The new company is not responding to my calls or emails. The entire communication regarding the postponements and the acceptance of the offer letter by me occurred through emails.
I am now considering the option of taking legal action. Could you please advise me on whether I stand a chance to win the case if I pursue this legally?
Thanks in advance!
From India, Mumbai
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My old company manager was understanding enough to accept my decision and allowed me to stay a bit longer, considering the market scenario. However, the new company misled me by initially stating that the new joining would happen by the first week of May, only to postpone it to July 1 when the time came. Now, they have further postponed it to August 3. It is evident to me that they are not interested in continuing with the joining process but rather extending it to prompt me to leave on my own.
I have been jobless for over 2 months now and am under tremendous pressure to meet my financial commitments and loans. The new company is not responding to my calls or emails. The entire communication regarding the postponements and the acceptance of the offer letter by me occurred through emails.
I am now considering the option of taking legal action. Could you please advise me on whether I stand a chance to win the case if I pursue this legally?
Thanks in advance!
From India, Mumbai
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Dear friend,
This is a quite hapless situation you are facing. I believe many job aspirants who got offers face this due to the economy and crisis of COVID-19. Do you have a written communication for the offer acceptance and the further extension of joining?
But as per my advice, instead of fighting out legally, you better have a personal talk with the HR or top management and take a call. Don't lose hope and start trying for new opportunities as you are already experienced, and re-openings are bound to happen after the recuperation of the COVID-19 crisis.
From India, Hyderabad
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202This is a quite hapless situation you are facing. I believe many job aspirants who got offers face this due to the economy and crisis of COVID-19. Do you have a written communication for the offer acceptance and the further extension of joining?
But as per my advice, instead of fighting out legally, you better have a personal talk with the HR or top management and take a call. Don't lose hope and start trying for new opportunities as you are already experienced, and re-openings are bound to happen after the recuperation of the COVID-19 crisis.
From India, Hyderabad
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As rightly suggested by Mr. Venkata Vamsi Krishna, call them or visit them personally to understand the situation. You will come to know if they are fooling around or handling your matter seriously.
Approaching your old company
As a last resort (it might look awkward too), approach your old company to check if they have filled up your vacant position. If not, tell them you would like to join them and now work wholeheartedly.
Taking a U-turn
There is no problem in taking a U-turn, but then the responsibility lies on you to work with due diligence and rebuild the trust in the minds of the employer.
All the best.
From India, Pune
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Approaching your old company
As a last resort (it might look awkward too), approach your old company to check if they have filled up your vacant position. If not, tell them you would like to join them and now work wholeheartedly.
Taking a U-turn
There is no problem in taking a U-turn, but then the responsibility lies on you to work with due diligence and rebuild the trust in the minds of the employer.
All the best.
From India, Pune
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Legal Clarification on Negative Covenants in Employment Agreements.pdf