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Author Topic: If company withdraws the job offer!Does this counts for legal action  (Read 457 times)

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Offline rishubhatia

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I was offered the employment opportunity from one of the startups in Bangalore. After getting the confirmation from the same company, I accepted the offer and reverted them back. Also informed my current company about the same and put my resignation and was serving the notice period.

In the mean time their HR was in constant touch with me regarding my joining date. This week was my last week in my current company. And on Monday evening i got call from their CTO telling me that they are withdrawing the offer because the person for which i was to be replaced is not leaving and they can not have two people for same position. They said that we will offer you one month salary as per your current salary as compensation and also an official apology letter stating the reason why they are backing off.

Now the problem starts due to constant followups from their tech team and HR team i had requested 4 days of early reliving from my current company and they agreed to it.

This was a shock for me as i need to go and talk to my current company and request them for taking my resignation back.Thankfully they agreed and i did not lost my current job.But went through this mental trauma.

But there is also another problem as i had increased the liabilities on me after getting the offer from the company by taking the car loan thinking that my salary would be increased from the next month so planned my expenditure accordingly.

Now at the very last moment this company backed out stating the above reason. Isnít it breach of contract?

Due to this increased liabilities i am in huge loss as with my current salary i can not afford the same liabilities and all of my salary goes into instalments. Also i am the individual earner in my family.

Also after taking back the resignation from my current company i can not look for new jobs and again apply for resignation in the current company on the moral grounds because they agreed to take me back.

Need your reviews can i take the legal way and ask for my losses. As one month compensation will not help me out. Also they have breached the contract by withdrawing the offer. Can i take the legal way. Need guidance on the same as i am dealing with this situation for the first time.

Offline riteshmaity

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You can sue the new company and seek monetary compensation and damages. But the compensation will be on the actual loss which you have suffered. Since you did not lose job and staying with the current company, you cannot ask for one years salary for the loss from the new company. Neverthless you can claim damages. However, it will be depend on the mode of cancellation of the offer letter. Better consult a lawyer with all documents (offer letter, cancellation letter etc.)

And regarding you car loan, there is no legal remedy.
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Offline locantomumbai

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Re: If company withdraws the job offer!Does this counts for legal action
« Reply #2 on: August 25, 2016, 02:48:48 AM »
In your situation, only appointment letter(not a offer letter) can be taken into consideration.

 

 

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