Your question is not very clear.You want to file a case against an employee for what, for signing offer letter?If you wish may talk to me on phone.
Can I file case against employee
Please tell me if i file case against one of the employee, who signed on the offer letter and NDA after agreeing with the terms, payment and conditions. The employee informs via mail that he got other offer for higher salary but not much, and has already signed the offer letter with us. Submitted all address proof, photo documents and filled the application form but joining date is after 15 Days. Please advice me.
Asked 10 years ago in Labour
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5 Answers
The employee accepted the offer letter and signed all documents but after that sent an email saying got other offer letter and will not join our company.
Asked 10 years ago
Signing an offer letter is not an offence.You have no case against him unless you prove that because of his refusal to join, you have suffered.
We spent lots of money on advertisement, interviews, time and also rejected other person and hired him, and now he is not joining, so of course this is a suffer for us.
Asked 10 years ago
If you can prove that you have suffered for his not joining then file suit for recovery of compensation/damages.
He has not yet become your employee. You would have spent lots of money for hiring him. There is a breach of contract from his side. However you can not expect an unwilling employee to work for you sincerely. If you are serious file suit for recovery.
Signing an offer letter and submitting all the documents binds him to a contract and there is a definite breach of contract. If you want to you can initiate a civil suit against him.
