Job offer
bgomes
(Querist) 05 September 2015
This query is : Resolved
My friends ex colleague offered me and my friend a job in his company in Lithuania 10 months ago.
I have resigned from my job because of the urgency he has created and now it has been 6 months that i am without a job and he keeps on delaying the process giving reasons relating to his family issues, financial problems, waiting for documents from Lithuania etc.
He had sent me a preliminary contract 8 months ago and final contract was done on August 8th, 2015 with commencement of employment on Sep 21, 2015.
We haven’t gone to apply for visa and he is going to delay the process once again.
He had taken rupees 95k (each 45k) from us for Visa processing and due to delay he returned 62,500. Now 27,500 is pending which he has not given. He has given a lot of torture and harassment to us. We want to take legal action and demand compensation from him for the damages and loss.
Please let us know if this is possible and the strength of our case.
malipeddi jaggarao
(Expert) 06 September 2015
You have been cheated. It is foolish that without proper arrangements for the new job offer you people resigned from the existing jobs. Is there any proof that you have paid Rs.95000 and return of Rs.62500/-. Is there any correspondence between you both about the offer and acceptance? if you have above proofs you can work out for taking action. Otherwise, it is waste time money and energy. Better forget and search for new job.
Rajendra K Goyal
(Expert) 06 September 2015
You have signed preliminary and final agreement for the job. He may have been trying for you, but may not fetched fast results as you expect. You should not have resigned your job with out proper offer for new job.
He does not seem to be a big cheat as he has returned a major part of money he took. He may return rest also, If he recover actual expenses he incurred till date for your work, he seems justified. In fact it was your consent also for the job. Moreover, recovering rest of money you would be spending time and cost.
Better search for another job immediately which is the need of hour.
Kumar Doab
(Expert) 06 September 2015
You have posted that:
"He had sent me a preliminary contract 8 months ago and final contract was done on August 8th, 2015 with commencement of employment on Sep 21, 2015."
First of all refer to the T&C in the contract and look for clause on charges for VISA to be paid by whom and liquidated damages if any inserted in it.
Then you may go thru all communications verbal and written (verbal if recorded or reduced/minuted in writing) and relate with contract and check who has breached what?
Are you looking for option under Law of Torts!
Guest
(Expert) 07 September 2015
If There is No Struggle There Could be No Progress.
bgomes
(Querist) 17 September 2015
Thanks for your valuable suggestions on my query.
I have given a police complaint. However a petition was filed and not FIR. I do have all the proof of money transaction and check bounce details etc. Is this a cognizable or non-cognizable offence?
