Appointment letter withdrawn/cancelled
tarun
(Querist) 24 May 2020
This query is : Resolved
Dear Sir/Madam,
A little background about my case.
I was working in company "A" in Chennai. I got a job offer in company "B" in Noida. I resigned from "A" and was about to join "B" on 7th April. Somehow due to Covid and lockdown, "B" moved my joining date to 3rd May when lockdown was scheduled to over. Meanwhile I got another job offer from company "C" from Mumbai at their client location in Gurgaon. I told "C" that I have an offer from Noida based company and as it is far from my place, I am looking to get any job near to place. As Noida is far from my place as well, I was happy that I got a job near to my place. Company "C" sent me the appointment letter and I accepted same. My joining date in "C" was 21st Apr and I joined as well from home. I was also in touch with the concerned person from client side about getting my user id, password, laptop etc. On 20th Apr, the HR from C asked me to decline the Noida offer and send me that email for records. I did same. On 24th Apr evening, an HR from "C" called me that client delayed my joining due to Covid crisis by few months and so they cancelled my appointment. My understanding is that when are aware that I have declined another job because of them, they should honour their offer. Now, it over a month and despite sending two reminders over email to company "C", I am not getting any reply. They havn't even called me to know about how I am doing or any progress about my joining.
With all above mentioned, I lost both my job offers and so jobless now.
Now, please advise what options I have now. Should I file any case against the company "C" as per laws or anything else possible.
Regards,
Tarun
Guest
(Expert) 24 May 2020
Instead of jumping in to litigation and further wasting your time and money better seek an better job and lead a pleasant life. Taking the decisions in hurry with out proper confirmation is your mistake.
Rajendra K Goyal
(Expert) 24 May 2020
Explore the possibility with company B whether they are ready to offer job as per their previous offer, if so, join immediately.
Job conditions are going bad to worse these days, try to grab available opportunity immediately.
If you love litigation, have enough courage, time, money, after joining a job may file case for compensation on company C.
Raj Kumar Makkad
(Expert) 24 May 2020
The suggestion given by both the above-noted experts is accurate and perfect so better to act upon those immediately.
Asgher Mahdi
(Expert) 26 May 2020
At the outset, you haven't brought to understand your letter of appointment/contract of employment of the company in which you are under employment and also the terms and conditions and more importantly notice period. You are at liberty to join any company of your choice unless you complied all the terms and condition undertaken in employment of contract. How can the other companies which you mentioned offering you the job acept without clearance from the current company? To answer your query satisfactory more information is required.
Dr J C Vashista
(Expert) 26 May 2020
You may join either of the company suiting your requirements/ convinience, no legal issue involved for advise.
I think company B should be better for you, meanwhile forget about company C without wasting your time, efforts and money in evitable/ avoidable litigation.
Rajendra K Goyal
(Expert) 26 May 2020
Company C has withdrawn their offer before your actual joining. If moved legally, I doubt you would gain anything from them after years of litigation if started.
Lockdown has given a big jerk to all, try to have job at an early date. Try to explore the scope for joining company B.
tarun
(Querist) 26 May 2020
Thank you everyone for the responses/suggestions.
Rajendra sir, special thanks for advice. As I shared, I told company B that I am joining company C and so declining the offer. The company C cancelled my appointment at the evening of 4th day of joining. So, with this I was employed by them for 4 days only.
Dr J C Vashista
(Expert) 26 May 2020
You are really lucky and/or developed some extra ordinary talent, as you are offered instant job by all the companies you have applied in the competitive scenario.
Well done !!!!
Rajendra K Goyal
(Expert) 26 May 2020
You declined the offer from Company B. Nothing wrong in contacting them if the offer is still available for you.
Raj Kumar Makkad
(Expert) 26 May 2020
Legally saying, you are now the employee of company C as you had not only joined there but had also worked there for 4 days so you can be retrenched/removed only after paying you due compensation or following the disciplinary proceeding, if applicable.
You can definitely initiate action against company C but practically all experts have advised you not to open such legal front and try to have alternate employment either with company B or elsewhere.
tarun
(Querist) 26 May 2020
Thank you all respected advisors. On the basis of all inputs, I feel the best option at this situation is:
1) Continue try for another opportunity.
2) Wait for the call from company C.
From above two whichever comes first, grab that.
Raj Kumar Makkad
(Expert) 27 May 2020
You are always welcome. You should also try for the company B.
tarun
(Querist) 27 May 2020
Thank you everyone for all type of advises and guidance.
Rajendra K Goyal
(Expert) 27 May 2020
You are welcome, may revert in case any further development.
tarun
(Querist) 07 June 2020
Hello,
I need one advice.
One Organization called NITES (https://www.facebook.com/NITESenate/) is offering to help me by sending all the evidences related with my joining and then cancellation of appointment to Labour commisioner in Mumbai.
Should I go with this or not.
Raj Kumar Makkad
(Expert) 08 June 2020
This is not a legal question rather is of your option. You can appoint your lawyer or can avail the services of an agency who shall not only appoint a lawyer for you but also provide some other services and shall charge accordingly.
Rajendra K Goyal
(Expert) 09 June 2020
If you want to proceed with him, first discuss regarding professional charges of theirs.
Raj Kumar Makkad
(Expert) 09 June 2020
Issue is satisfaction and mutual trust compared to the money to be incurred in both situations.
Rajendra K Goyal
(Expert) 10 June 2020
Professionals, who are not known / trusted / not properly investigated before entrusting the work may demand very high charges / may not serve the purpose / sometime may deceive.
