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priya (no)     27 April 2013

Company threatening for legal action after i declined their

hi all

one of my friend recently got an offer from xyz company to be deputetated on the clint site abc(top MNC).......he has not signed any offer letter but on the day of HR round he signed a paper stating the joining date (from XYZ).

he decided not to join or accept the offer.but on the date of joining he got the call from XYZ and ABC also to come and join but he refused then both of the caller started thretening him for blacklisting and spoil his careeer by taking some legal action against him........they hav aso text him some threating msg..............and over the phone used abusive language ..........he is very tense help us to come out of this situation.



Learning

 8 Replies

Kumar Doab (FIN)     28 April 2013

 

 

The conduct of the HR is sufficient to show what would be the HR practices and work environment in this company. Employee should stay away from companies.

 

Did the employee keep the copy of signed offer letter with date of joining?

Employee should keep all record in personal file at home.

 

 

These frustrated HR personnel are wary of the thrashings they shall receive from their masters. Hence the yelling on phone.

 

If the text message is threatening the employee may approach a competent and experienced lawyer and lodge a criminal complaint with police.

There HR personnel of the company may come running to employee with their tail between their knees, and tender written apology in police station.

The only thing is that employee has to muster some courage.

Such personnel are not fit to be left to loose around in civilized society.

 

The employee may circulate the names and credential of these HR personnel to all colleagues, placement agencies, companies (including this company), trade unions, employee’s groups etc…. and highlight that all employees should stay away from all companies who employ these offenders.

 

If these offenders dare to pass any adverse comment about this employee at any forum the employee may pull them to court of law and may not leave them till they tender written apology in court and deposit a penalty as decided by court of law, or plead to court to send them to correctional center.

 

This is perhaps the only way to correct them.

 

 

priya (no)     28 April 2013

hi kumar,

thanks for your valuable suggestions, my frnd has not signed any offer letter neighter hard nor soft copy. only a paper saying the joining date........his main concern is that both of the managers (abc and xyz) has threaten him for legal action and penalised, if he will not join on the given date  . they are calling him but he is not picking up their call.........he wanted to know that can they take any legal action?

M.S.R.Murty ( Manager (Admn))     28 April 2013

Priya Ji,

Your friend would have send a letter to the Company by expressing  his inability to join with them.  If it is not late, ask him to do it now.  And also verify terms acceptance point in joining date letter.   

Kumar Doab (FIN)     29 April 2013

 

Do you mean to say no offer letter giving brief descripttion of post/pay/location………. offered was supplied? If yes it in itself should be sufficient to decline to join.

 

 Was only a letter stating date of joining was supplied?

Does he have copy of the letter signed by him?

 

He may submit a fitting reason sufficient to decline the offer.

If he is not able to understand the matter he may approach a lawyer and let the lawyer draft the reply.

If he is being threatened he may reocrd the phone calls and approach his lawyer/police.

priya (no)     30 April 2013

yes they have send a soft copy of the offer letter in which everything was mentioned like designation/pkg/location and terms of employment . the very first condition was that if candidate is failed to join on the given date, the offer will be cancelled. on the date of joining he had very harsh communication with both of the employers so he decided not to join.and  he had not  signed any offer letter whether soft copy or hard copy ..........when he declined the offer evry thing was orally communicated over the phone.and also he has not the copy of that paper which he signed then and there at the time of HR round.

Kumar Doab (FIN)     30 April 2013

 

 

You have posted that written condition was that “if candidate is failed to join on the given date, the offer will be cancelled.

 

 

Candidate has failed to join (despite having signed a letter copy of which is not kept by or given to candidate) by this date, so the matter ends.

 

The reason quoted by you for not joining is “on the date of joining he had very harsh communication with both of the employers so he decided not to join.”, so the matter ends.

 

 

“When he declined the offer evry thing was orally communicated over the phone.’;, the matter ends. ( Keep the bill of phone calls safely.)

 

If it is not written in offer letter or the letter signed by candidate that if the candidate does not join he is liable to pay a penalty of Rs…………, the matter ends.

 

If he is being threatened he may record the phone calls and approach his lawyer/police.

 

If this HR calls again the candidate may narrate the bad conduct of company on date of joining, and that he has already declined to join on phone on dated………….to ………name of company personnel…………and put the matter on “Shut Up Mode”.

 

If the candidate is getting tormented for none of his faults why is he tolerating the nuisance?

 

If he is not able to understand the matter or handle the matter, he may approach a lawyer/police/trade union and let the lawyer handle the matter.

 

If the company has issued/or issues any communication/notice in writing, he may approach a lawyer/police/trade union and let the lawyer handle the matter, and put the matter on “Shut Up Mode”.

 

 

priya (no)     30 April 2013

thanks a lot.

Kumar Doab (FIN)     30 April 2013

 

Since you/your friend have been tormented/ threatened don’t leave the matter here.

Take it to its logical conclusion.

 

Record the calls and lodge a complaint with women police station and regular police station.

 

Let these buggers come to police station with their tail between their knees and submit a written apology.

 

Let the complaint be forward the complaint and then they shall have to tender apology to magistrate and pay fine if they don’t want to go to jail. They shall have to write that henceforth they shall be civilized. Henceforth they shall not be advising their masters on crooked ways to harass and torment employees. They shall refuse to executioners for their maters.

 

Thus you shall be helping yourself and fellow citizens/countrymen/ employees/colleagues by ridding the society from these offenders.

 

They are not fit to be left to loose around in civilized society.

 

If they are left this time they shall be there tormenting others and may be you also at the next possible opportunity.


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