Dear Experts,
I got an offer from XXX company last month for their IT department, but suddenly 2 days before my joining, HR sent an email stating the withdrawal of the offer as the vendor is delaying their product implementation for which I had been hired. How do I take action against such an employer? My current employer has hired the replacement as well, so there is no scope in going back to the old company. Kindly suggest, as I am the sole breadwinner in my family of 4 people.
From India, Mumbai
1I got an offer from XXX company last month for their IT department, but suddenly 2 days before my joining, HR sent an email stating the withdrawal of the offer as the vendor is delaying their product implementation for which I had been hired. How do I take action against such an employer? My current employer has hired the replacement as well, so there is no scope in going back to the old company. Kindly suggest, as I am the sole breadwinner in my family of 4 people.
From India, Mumbai
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Hi Jignesh,
It's important to consult with a legal professional for advice tailored to your specific circumstances.
Review the Offer Letter: First, carefully review the offer letter you received from XXX company. Pay special attention to any clauses related to employment termination or withdrawal of offers.
Contact the Company:
Reach out to the HR representative who sent you the email about the withdrawal of the offer. Ask for a detailed explanation of the situation and any potential recourse.
Consult with an Employment Attorney: Consider seeking advice from an employment attorney. They can provide guidance on your rights and potential courses of action.
Document Everything:
Keep records of all communications with the company, including emails, messages, and any other relevant documents. This will be important if you decide to take legal action.
Consider Negotiation: If you feel there's a possibility of resolving the situation without legal action, you might want to discuss this with the company. This could involve negotiating for compensation or other arrangements due to the hardship caused.
Explore Unemployment Benefits:
Depending on your location and specific circumstances, you may be eligible for unemployment benefits. Check with your local labor department to understand your options.
Job Search: Begin looking for new job opportunities as soon as possible. Since you're the primary breadwinner for your family, it's crucial to secure stable employment.
Evaluate Financial Options:
Consider your financial situation and explore options such as emergency funds, loans, or government assistance programs that might be available in your area.
Maintain Professionalism: Even though you're understandably upset, maintain a professional demeanor in all your interactions with the company. This will reflect positively on you in case the situation escalates.
Consider Mediation:
If discussions with the company are unproductive, you might explore mediation services. This can be a more cost-effective and less adversarial way to resolve disputes.
Always, it is crucial to consult with a qualified employment attorney who can provide legal advice based on your specific circumstances and the laws in your jurisdiction. They can guide you on the best course of action to take.
Thanks
From India, Bangalore
It's important to consult with a legal professional for advice tailored to your specific circumstances.
Review the Offer Letter: First, carefully review the offer letter you received from XXX company. Pay special attention to any clauses related to employment termination or withdrawal of offers.
Contact the Company:
Reach out to the HR representative who sent you the email about the withdrawal of the offer. Ask for a detailed explanation of the situation and any potential recourse.
Consult with an Employment Attorney: Consider seeking advice from an employment attorney. They can provide guidance on your rights and potential courses of action.
Document Everything:
Keep records of all communications with the company, including emails, messages, and any other relevant documents. This will be important if you decide to take legal action.
Consider Negotiation: If you feel there's a possibility of resolving the situation without legal action, you might want to discuss this with the company. This could involve negotiating for compensation or other arrangements due to the hardship caused.
Explore Unemployment Benefits:
Depending on your location and specific circumstances, you may be eligible for unemployment benefits. Check with your local labor department to understand your options.
Job Search: Begin looking for new job opportunities as soon as possible. Since you're the primary breadwinner for your family, it's crucial to secure stable employment.
Evaluate Financial Options:
Consider your financial situation and explore options such as emergency funds, loans, or government assistance programs that might be available in your area.
Maintain Professionalism: Even though you're understandably upset, maintain a professional demeanor in all your interactions with the company. This will reflect positively on you in case the situation escalates.
Consider Mediation:
If discussions with the company are unproductive, you might explore mediation services. This can be a more cost-effective and less adversarial way to resolve disputes.
Always, it is crucial to consult with a qualified employment attorney who can provide legal advice based on your specific circumstances and the laws in your jurisdiction. They can guide you on the best course of action to take.
Thanks
From India, Bangalore
Dear Dr. Raghunath BV,
Lately, I have noticed that you have been providing responses regularly. Thank you for your contributions.
Upon reviewing the series of responses, a pattern becomes apparent. The replies seem to be AI-generated. It is possible that you might be inputting a post into an AI platform like ChatGPT and then transferring these responses here. The AI-generated responses lack emotional depth. Seniors are expected to respond based on their past experiences. Otherwise, junior members may see no value in engaging with this forum.
At times, the suggestions from ChatGPT lack lasting relevance or are simply inconsistent with the Indian job market. For instance, your recent post suggests exploring "Unemployment Benefits." Who in India receives unemployment benefits? Additionally, the last paragraph advises consulting with a "qualified employment attorney." Who are these qualified employment attorneys in India? Where can they be found? Have you had any experience with them?
Most importantly, for someone of your esteemed stature, posting responses from ChatGPT may not be suitable. Such responses could diminish your standing compared to junior HR professionals. Is this acceptable to you?
Therefore, I kindly urge you to continue contributing to this forum but ensure that your responses reflect the wealth of your years or decades in the HR profession.
Thank you,
Dinesh Divekar
From India, Bangalore
Lately, I have noticed that you have been providing responses regularly. Thank you for your contributions.
Upon reviewing the series of responses, a pattern becomes apparent. The replies seem to be AI-generated. It is possible that you might be inputting a post into an AI platform like ChatGPT and then transferring these responses here. The AI-generated responses lack emotional depth. Seniors are expected to respond based on their past experiences. Otherwise, junior members may see no value in engaging with this forum.
At times, the suggestions from ChatGPT lack lasting relevance or are simply inconsistent with the Indian job market. For instance, your recent post suggests exploring "Unemployment Benefits." Who in India receives unemployment benefits? Additionally, the last paragraph advises consulting with a "qualified employment attorney." Who are these qualified employment attorneys in India? Where can they be found? Have you had any experience with them?
Most importantly, for someone of your esteemed stature, posting responses from ChatGPT may not be suitable. Such responses could diminish your standing compared to junior HR professionals. Is this acceptable to you?
Therefore, I kindly urge you to continue contributing to this forum but ensure that your responses reflect the wealth of your years or decades in the HR profession.
Thank you,
Dinesh Divekar
From India, Bangalore
Thank you, Dr. Raghunath, for your valuable suggestions. I have already followed the first two steps as mentioned by you as I did not find any exceptional clause in the offer letter, except for the joining date, to which I replied within the time limit. I will try to seek advice from an Employment Attorney. Can you please share the details of Mediation services as it seems that may be the only option considering the present situation.
From India, Mumbai
From India, Mumbai
CiteHR.AI
(Fact Check Failed/Partial)-The mention of seeking advice from an Employment Attorney is appropriate. However, mediation services should typically be explored after legal consultation. It's advisable to prioritize legal guidance first.
Hi Jignesh,
It is very unfortunate that XXX Company revoked the offer issued to you 2 days prior to joining them.
Have you gone through the offer letter in detail? Have you checked for a clause in the offer letter stating that the Company reserves the right to cancel the offer at any time before the candidate joins the company?
Obviously, it is a breach of the terms mutually agreed upon between XXX Company and you. Company XXX is not supposed to cancel the offer unilaterally. Yes, for sure, you can initiate legal action against Company XXX by hiring the services of a lawyer, which involves a cost factor. But, all the same, be aware of the bare reality that, unlike Western countries, in India, the judicial process will be time-consuming and lengthy. In this process, you will need to substantiate how the cancellation of the offer had an impact on you, etc. To defend their side, the employer might go to any extent, and they will be able to spend money. How long will you be able to sustain without employment during the course of a legal battle?
There are probabilities of you getting a favorable verdict, but the timeframe cannot be assured. Rather, why not ignore this and look for a better opportunity? My assessment is that XXX Company has lost its credibility, and it is highly suggested that you look for some other better offer!
From India, Madras
It is very unfortunate that XXX Company revoked the offer issued to you 2 days prior to joining them.
Have you gone through the offer letter in detail? Have you checked for a clause in the offer letter stating that the Company reserves the right to cancel the offer at any time before the candidate joins the company?
Obviously, it is a breach of the terms mutually agreed upon between XXX Company and you. Company XXX is not supposed to cancel the offer unilaterally. Yes, for sure, you can initiate legal action against Company XXX by hiring the services of a lawyer, which involves a cost factor. But, all the same, be aware of the bare reality that, unlike Western countries, in India, the judicial process will be time-consuming and lengthy. In this process, you will need to substantiate how the cancellation of the offer had an impact on you, etc. To defend their side, the employer might go to any extent, and they will be able to spend money. How long will you be able to sustain without employment during the course of a legal battle?
There are probabilities of you getting a favorable verdict, but the timeframe cannot be assured. Rather, why not ignore this and look for a better opportunity? My assessment is that XXX Company has lost its credibility, and it is highly suggested that you look for some other better offer!
From India, Madras
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains some inaccuracies. Indian labor laws generally allow for offer revocation before joining. Legal action may not be fruitful. It is advisable to seek new opportunities.
Hi Jignesh,
Employment attorneys are advocates well-versed in labor laws and represent both employers and employees. They are professionals who understand the circumstances of the employer and employee and provide solutions or represent their clients in the court of law.
Mediator:
It is a confidential service that gives employees and employers in dispute a chance to work with a mediator to find a mutually agreed solution to the problem. A mediator is a trained professional who will not make any decisions but will help both parties understand each other and work towards finding solutions. Essentially, mediators are advocates.
Thanks,
From India, Bangalore
Employment attorneys are advocates well-versed in labor laws and represent both employers and employees. They are professionals who understand the circumstances of the employer and employee and provide solutions or represent their clients in the court of law.
Mediator:
It is a confidential service that gives employees and employers in dispute a chance to work with a mediator to find a mutually agreed solution to the problem. A mediator is a trained professional who will not make any decisions but will help both parties understand each other and work towards finding solutions. Essentially, mediators are advocates.
Thanks,
From India, Bangalore
CiteHR.AI
(Fact Check Failed/Partial)-The information provided in the user reply is not entirely accurate. Employment attorneys and mediators can indeed assist in resolving employment disputes, but taking action against an employer for rescinding a job offer may require a different approach, such as consulting labor laws or seeking legal advice.
Dear Jignesh,
Under the provisions of the Indian Contract Act of 1872, an appointment letter is a contract between an employer and an employee. Since it is a contract, its provisions are binding on both parties. However, is the offer letter also a contract under the provisions of the said act? This is a moot point. Even if you file a suit against the company, and the judge rules that the offer letter is not a contract, your case could be defeated.
Furthermore, was there a clause on the liabilities for the revocation of the offer letter? If this clause was not mentioned, then on what grounds will you file a lawsuit?
Occasionally, the candidates accept the offer letter and later back out. To avoid this last-minute no-show, the companies have started inserting the revocation clause as well as the clause on "no-show". This is called "Liquidated Damage (LD)". In your case, please check the offer letter properly for the LD clause.
Notwithstanding what I have written above, I empathize with you. In life, occasionally we do get setbacks. Take this as a setback and move on. Start searching for a job vigorously.
In the meantime, request the HR professional to send you a proper letter on the revocation of the job offer. Explain to him that the revocation of the job offer will create an employment gap in your career. To explain this gap, a letter on withdrawal of the job offer will come in handy.
Thanks,
Dinesh Divekar
From India, Bangalore
Under the provisions of the Indian Contract Act of 1872, an appointment letter is a contract between an employer and an employee. Since it is a contract, its provisions are binding on both parties. However, is the offer letter also a contract under the provisions of the said act? This is a moot point. Even if you file a suit against the company, and the judge rules that the offer letter is not a contract, your case could be defeated.
Furthermore, was there a clause on the liabilities for the revocation of the offer letter? If this clause was not mentioned, then on what grounds will you file a lawsuit?
Occasionally, the candidates accept the offer letter and later back out. To avoid this last-minute no-show, the companies have started inserting the revocation clause as well as the clause on "no-show". This is called "Liquidated Damage (LD)". In your case, please check the offer letter properly for the LD clause.
Notwithstanding what I have written above, I empathize with you. In life, occasionally we do get setbacks. Take this as a setback and move on. Start searching for a job vigorously.
In the meantime, request the HR professional to send you a proper letter on the revocation of the job offer. Explain to him that the revocation of the job offer will create an employment gap in your career. To explain this gap, a letter on withdrawal of the job offer will come in handy.
Thanks,
Dinesh Divekar
From India, Bangalore
CiteHR.AI
(Fact Check Failed/Partial)-The user reply contains some inaccuracies. The Indian Contract Act of 1872 does consider an offer letter as a valid contract. The absence of specific clauses does not prevent legal action. Liquidated Damage clauses must comply with Indian contract law. Encouragement and advice are positive.
Dear Mr. Dinesh,
Thanks for your comments. As an HR professional, it becomes everyone's responsibility to help individuals with their grievances. I believe in providing authentic information rather than simply copying and pasting. It is evident that everyone refers to some form or another, assimilating and posting the matter to the given situation. That is precisely what I am doing—not merely copying and pasting. I hope you have had the chance to review my various postings, aside from responding to new members, on topics such as Organizational Charts, Skill Matrix, Appraisal formats, KRA & KPIs, and HR policies related to Startups, Manufacturing, Business Sectors, and the Hotel Industry on this site for the benefit of the members.
I offer my services free of charge without any expectations. I am a qualified HR professional with four decades of experience. I have trained at least 25 individuals in the HR field, all of whom have been placed with very good remuneration packages ranging from Rs. 60,000 to over Rs. 1 Lac per month. Furthermore, please note that the individuals involved in this case have expressed their appreciation, and you can find more such appreciations on this site.
This is for your information.
Regards,
From India, Bangalore
Thanks for your comments. As an HR professional, it becomes everyone's responsibility to help individuals with their grievances. I believe in providing authentic information rather than simply copying and pasting. It is evident that everyone refers to some form or another, assimilating and posting the matter to the given situation. That is precisely what I am doing—not merely copying and pasting. I hope you have had the chance to review my various postings, aside from responding to new members, on topics such as Organizational Charts, Skill Matrix, Appraisal formats, KRA & KPIs, and HR policies related to Startups, Manufacturing, Business Sectors, and the Hotel Industry on this site for the benefit of the members.
I offer my services free of charge without any expectations. I am a qualified HR professional with four decades of experience. I have trained at least 25 individuals in the HR field, all of whom have been placed with very good remuneration packages ranging from Rs. 60,000 to over Rs. 1 Lac per month. Furthermore, please note that the individuals involved in this case have expressed their appreciation, and you can find more such appreciations on this site.
This is for your information.
Regards,
From India, Bangalore
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply does not address the specific situation presented in the original post. It lacks relevant information and guidance related to the withdrawal of a job offer by the employer.
The action of revocation of the employment offer by XXX Co is faulty and illegal. Because of their irresponsible act, the carrier of a person is at stake. You should talk to the HR of XXX Co, stating your miserable condition and asking about the options available to you. Consider lodging a FIR against the company for cheating and not adhering to the accepted offer. Check your offer letter for any clause that states they can withdraw at any time – if such a clause exists, your options may be limited. It is advisable to consult a good lawyer for this case. However, remember that obtaining a judgment in our legal system can be a lengthy process.
From India, Mumbai
From India, Mumbai
CiteHR.AI
(Fact Check Failed/Partial)-The user reply contains some inaccuracies. Revoking a job offer is legal unless it violates anti-discrimination laws. Consult an employment lawyer for advice.Engage with peers to discuss and resolve work and business challenges collaboratively. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Register and Log In.
Offer letter.pdf
Sample Internship Offer Letter.doc
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply contains inaccuracies. Unemployment benefits do not apply in India, and there are qualified employment attorneys in the country. The suggestion to consult with an employment attorney is valid. However, the user's feedback on the nature of responses is constructive.