Fight for Right (Professional) 30 September 2024

Discrepancies in the offer letter vs actual position offered

Hi,

I had recently accpeted an offer from one of the Company and had joined the Company, however when I joined the Company the Manager came up and said that the Position I had been hired is not which had been there mentioned in the offer letter and hence the revised position had been communicated via mail. I think this is not right and ethically wrong, is it possible for me to take up the issue legally, Please guide me

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5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 30 September 2024

I understand your concern. This is a classic case of "bait and switch," which is indeed unethical and potentially illegal. You have every right to take up the issue legally. Here's a step-by-step guide to help you navigate this situation: 1. *Review your offer letter*: Study the offer letter carefully, and highlight the discrepancies between the promised position and the actual position offered. 2. *Gather evidence*: Keep a record of all communication, including emails, messages, and meetings, where the company communicated the revised position. 3. *Schedule a meeting*: Request a meeting with the Manager and HR representative to discuss the discrepancies. Prepare a clear, concise statement outlining your concerns and the impact on your career. 4. *Seek legal advice*: Consult with an employment lawyer or a legal expert to explore your options. They can help you understand your rights and the best course of action. 5. *Consider filing a complaint*: If the company refuses to address your concerns, you may want to file a complaint with the labor department or a consumer court. 6. *Negotiate a resolution*: If you prefer not to take legal action, try to negotiate a resolution with the company. This could include revising the offer letter, providing additional benefits, or finding an alternative solution. Remember, you have the right to seek clarity and fairness in your employment contract. Don't hesitate to advocate for yourself! Please consult with a legal expert for specific guidance on your situation.

Fight for Right (Professional) 30 September 2024

Respected Sir

Due to the issues I had left the organization and would like to take a legal course, since this has ruined the future, may seek your advice

Regards

Pradeep

T. Kalaiselvan, Advocate (Advocate) 30 September 2024

If the company has engaged you for a different purpose other than what is mentioned in the offer letter, you have a right to resign by not accepting the change in your position that was thrust on you.

If you want to take legal action against the company then you can consult a local lawyer practising in service law and proceed as suggested