New employer delaying date of joining after i have quit my old job
Animesh
(Querist) 30 July 2015
This query is : Resolved
Hi,
I am currently working in an MNC in IT industry. I was offered a job in another MNC, and after receiving Offer Letter from the new company and confirmation mail regarding my date of joining I had resigned in my old company. Now, only 3 days are left for joining, and the new employer is telling me that my joining will be delayed by 2-3 months. I am staying outside my hometown, and I have to support my family also. So, not getting 2-3 months salary is really a big trouble for me. I had resigned in my previous company only after getting confirmation mail from the new employer. This financial crisis which I am going through is only due to this unethical step of the new employer. Can I take any legal step against this new employer? Please advise.
Kumar Doab
(Expert) 30 July 2015
Hope you shall take it positively.
You are being taken for granted and being taken for a ride.
You should be aware that Telling, saying, asking are all verbal modes of transaction and are not on record.
You must record all transactions (audio/visual/witnessed/minuted) carefully and approach an able Labor Law Consultant/Service Matters lawyer/Law Firm ASAP and build some favorable written record and prepare to claim damages/compensation etc…………………..and at the same time look for another employment.
If the HR personnel that are resorting to verbal communications with you and their masters, employer are good human being they will immediately offer you employment in some other position/location or some compensation............and if no such offer has been made so far then you are most likely to be subjected to a drill to tire and exhaust you so that you run away without claiming and/or succeeding in claiming compensation.
You should succeed in extracting compensation.
There can be many reasons e.g. the vacancy does not exit any more. Either you are aware of it or you are unaware or you have not posted the actual reason.
Has the prospective employer asked you in writing or on record (audio/visual/witnessed/minuted) to resign and submit copy of resignation/acceptance/acknowledgment etc on the date of joining?
Are you a member of employee’s/trade unions?
There are many threads on similar queries and many of the employees handled the matter successfully.
Rajendra K Goyal
(Expert) 30 July 2015
Talk to present employer to continue by permitting withdrawal of the resignation and forgetting new offer, provided they agree or you can wait till new company allow you to join.
