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.
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.
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.
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
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.
I have a signed offer letter by Managing Director on company letterhead dated 14oct2019 to join on or before 30Oct2019. But they kept the signed copy of my acceptance letter which shows my compensation. Also the email pdf on letter head dated 26oct about the suspension of offer letter. The compensation figures not mentioned in offer letter.
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
- 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 .
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.
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.
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
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
It is obvious that the offer was more than your current salary otherwise you wouldn't have left the previous company.
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.
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.
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.
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.
you can take a legal action against them Contact a good lawyer and send a notice asking for the grounds of refusal.
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.
Yes you can proceed legally as you are suffering losses due to resignation after acceptance of offer letter from the company.