• Job offer letter regarding

Hi, good evening
I attended an interview with a company and got an offer letter with a salary of 20Lpa. I resigned my current job to join the new company. Later i received a mail and call after 20 days saying the offer letter is under suspension and we will inform you once the market situation improves. 
Can i proceed legally.
Asked 4 years ago in Labour

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19 Answers

Sir, 

Did you sign anything before and during the interviewing and shortlisting process? 

Does the offer letter has any clauses of some sort ?

If the answer to above provided questions is NO, 

Then yes, you can move legally and get that job.

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

5.0 on 5.0

Did you accept the offer letter 

 

2) if you accepted the offer letter and resigned from earlier job you can sue your new employer and can claim damages 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

You can claim reasonable amount of compensation for any loss or damages caused to you due cancellation of the job offer, subject to proof of your loss and damages.

Remember it is an offer made to you. So you can not enforce the offer by law. 

As a common law you can ofcourse claim your damages as stated above.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Contact a local lawyer 

 

2) issue legal notice to company to pay you compensation as you had on basis of signed offer letter duly accepted by you resigned from your job 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

- As per law, An employer can withdraw an offer at any time until it is accepted , but once the applicant has accepted an unconditional job offer, there is a legally binding Contract of Employment between the employer and the applicant.

- Since, you appeared an inteview , and on selection , got offer letter, and after accepting the same , further you resigned your current job , hence the present company cannot cancelled the issued offer letter and is bound by contract entered by him & you.

- You should issue a legal notice after mentioning the details , and the mental harassment & agony faced by you , and thereby ask to arrange a job on an urgent basis .  

- If no response within 7 days of time, then file a case for the performance of offer letter ,and compensation , on the ground of legal notice and offer letter . 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Do not run after this job. The company is either under financial distress or it does not wish to hire you anymore.

There is no dearth of job f you have the desired qualification  and skill.

The ;legal recourse to get back the job you were offered with is neither cost effective nor time saving as well.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

One need to talk straight forward on such a high position and get all compensation and joining letter date confirmed. And all payments bifurcation in details along with all allowances. 

 

As of now you have already resigned from your previous company. 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

If you have resigned from your previous employment on the grounds of new job letter to join on a particular date and after the agreement you received a letter to hold the employment and you suffered losses because of this later you can file a suit to recover your losses in Civil Court based on your loss of employment you are entitled to decompensated please speak to you and advocate who can and make the petition and file the petition in the Civil Court you have one more option that you can go to directly to High Court by filing a writ petition

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

A legal notice must be sent to the company for damages and compensation. The salary which was promised and your reputation all are at stake.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

It is obvious that the offer was more than your current salary otherwise you wouldn't have left the previous company.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Try to understand one thing.  Your company can after appointment remove you by giving one month notice. So where is the guarantee. 

In private sector job is not secured . Do you not know it. 

So it is better you claim Compensation as suggested earlier. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear Sir,

You may approach advocate on service matter because employer always interpret the clauses in their own passion and try to cause loss to the employee.  Your grievance can be answered by service tribunal or high court. 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes you can proceed legally against that company for loss occurred to you. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

It is the discretion of the company whether to accept your employment and give an appointment letter or not based on yor credentials.

You cannot force the company to accept your candidature for employment for any reason.

Just attending the interview will not confer any rights on you for this employment  and you cannot claim it as a right.

Hence any such idea may backfire and yo may have to face legal consequences in case you plan to sue the company for this.

 

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

This means that they have not finalised your candidature for some reason.

You may pursue the matter with the management of the company regularly and ensure you get an early reply whether your employment is confirmed or not.

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

you can take a legal action against them Contact a good lawyer and send a notice asking for the grounds of refusal. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you can take legal action against the company on the basis of offer letter, once you issue legal notice, you can claim damages from company. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can proceed legally as you are suffering losses due to resignation after acceptance of offer letter from the company.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that they have acted smartly to avoid compensation to be paid to you.
  2. But, you need not to worry as if you happen to go before the court of law for compensation then court would ask them to bring the signed agreement and then they cannot say no to it as if they do so then also it will go against them that in a way that how can they appoint someone without even having the agreement signed.
  3. So, you need not to worry about the unsigned copy or etc. just go as per law and you will be done.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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