Illegally declared absconding
I have faced the following issue:
I was given an offer by one of the Big4 audit firms. I also had few other offers. I accepted one of those offers and joined the company.
Meanwhile I decided that I can take up the opportunity in that Big4 firm. I went to their office but at the last moment I decided to call it off and came out from their office. I did not sign any document.
No bank account has been created. I was not given company ID card, laptop or anything else.
However, I kept getting mails from them to join and one day they send me termination mail stating that I absconded.
My question is in absence of me completing any kind of joining formality can that Big4 firm call me an absconder? I have not legally joined their firm.Even they have not provided me salary for a single day. They have also not provided me FORM16.
I got an offer from the same Big4 in Qatar, a different legal entity from the one in India. But due to this incident they have disqualified my employment.
Is their any legal remedy to this issue?
Asked in Business Law from Kolkata, West Bengal
1) Were you give any appointment letter by the company ?
2) You stayed that you accepted the offer and joined the company
3) once offer was accepted you the terms of contract are binding upon you
4) your services can be terminated if you have committed breach of terms of contract and declared an absconder
5) it is necessary to peruse offer made by the company and your acceptance of offer to advise further
No legal remedy is there.
The Indian counter part certainly did mistake by sending you absconding notice.
However since acceptance or offer of private job does not create any absolute right , you can file any case due to rejection of your candidature in Dubai firm.
So better forget this issue and move on for another option.
Best of luck.
Unless the employee has been brought on the rolls of the company he cannot be terminated. Terminating someone who did not join the institution is akin to putting gloves on a man who does not have hands. You are free to file a suit for declaration of termination as illegal and also for heavy monetary damages on account of loss of reputation and future earnings occasioned by the illegal act of the firm. Take legal action as this termination letter, unless it is declared as illegal by the court of competent jurisdiction, will blow apart your career prospects to smithereens.
You have to issue a legal notice to the firm which has declared you as absconding demanding explanation and apology from them including the compensation for the loss you suffered due to the foreign country lastly rejecting yor candidature due to this and you should also insist them to withdraw their allegations agaisnt you since they are not true bcause of the fact that you never even joined the company or have signed any papers confirming yor acceptance.
You can follow it up through consumer forum too if the company is not responding properly to the legal notice.