I got an offer letter from an oragnization "B" in March, 2013. They asked me to join in 30 days and I agreed. Although I had notice in my company "A"of 90 days. I gave my agreement only because, notice buyout option was there in my comapny as per my company's rule.
Now, when I tried to go for that option in my company, they did not allow me to leave organization before serving full notice. As -B- could not wait for longer period than they provided me, they withdrew the offer from me in April 2013.
Now, after 2 months of withdrawal of offer, they have sent me a mail asking for an apology not to join, and pay them damages. The matter in the mail is stated as under:-
"With reference to your offer letter dated 16th March 2013 and Non –Disclosure Agreement and your acceptance of the same on date 20th March 2013, please read Joining clause in “Terms and Conditions of Employment – Annexure II” of the offer letter, it was clearly stated that ‘Your acceptance of the offer letter is treated as your commitment to join -B- and you cannot use this offer to discuss/negotiate/get counter offer from your current employer or any other prospective offers. -B- has right to take legal action (with liability for all damages that may arise to -B-) impose against you for non-joining post acceptance of this offer.’ Therefore this is to bring to your notice that we will be registering the claim for damages occurred in due course while we were in the process of hiring you till the time of your acceptance."
They are asking me to pay 25% of total CTC they offered. I was offered 7.5 Lacs, and now they are asking me to pay 1.87 Lacs approx as damages.
Please help me knowing that if this -B- company can file a legal case against me, or can they ask for such a huge amount from me, as :-
1). Just because I signed the document, am I liable to pay any amount they claim?
2). I did not join this company for a single day.
3).They withdrew offer from me, I was still trying to work the things out between us.
4). I could not join them only because my current company did not release me.
Please note that :-
1). I told them about my 3 months of notice from day one, before signing this document, but it is not there in written during this whole communications that we have had in the mail.
Please help me knowing the path forward.
Looking for a quick response. Thanx in advance.
