According to the Indian Contract Act, 1872, an offer can be withdrawn until it is received and accepted by the person accepting it. Once the acceptor has granted acceptance, the agreement becomes valid. Therefore, any subsequent withdrawal would be considered a breach of the agreement and would have legal repercussions.
The candidate chosen by the company has never actually started working for the company, so they haven't officially become an 'EMPLOYEE' .
Even if the employer company presents this argument, it could find itself in an ethical and legal dilemma. We've already discussed the legal implications from a technical perspective. Ethically, if the company extended an offer and it was reasonably accepted in a timely manner, then the company should uphold its commitment.
1. Review Your Employment Contract: Examine your employment contract to understand the terms and conditions of your job offer and any clauses related to background checks, criminal cases, or delays in joining.
2. Communicate with Your New Employer: Reach out to your new employer and explain the situation. Provide them with any documentation you have regarding the case, its status, and the steps you are taking to address it.
3. Offer Compensation: If there were monetary transactions related to your previous engagement that have not been resolved, consider offering to make amends and settle those issues. This may help demonstrate your commitment to resolving the matter.
4. Mitigate Risk: In some cases, employers may be concerned about potential legal liabilities. Discuss with your attorney whether there are ways to mitigate such concerns, such as providing a bond or an indemnity.
5. Request a Conditional Offer: If your new employer is willing, you can request a conditional offer of employment, which allows you to start working once the legal case is resolved and any necessary conditions are met.