Job offer revoked
Chaitanya
(Querist) 13 November 2017
This query is : Resolved
Dear Sir,
Recently i have a signed for contract job offer with an organization. They have mentioned date of joining on my offer letter and had done complete Background verification. Interviews,release of offer letter, document verification,Background checks all together full processes took almost more than a month.
Now all of a sudden the company has revoked my job offer with out giving me valid reason. Now my query is, can i go to court against the company since they revoked the offer after me signing on it.
Request your valuable response.
regards,
Chaitanya
Rajendra K Goyal
(Expert) 13 November 2017
Have you accepted the offer of appointment if given?
Employer has right to withdraw offer of appointment before actual joining of the job.
Guest
(Expert) 13 November 2017
Seems to be a hypothetical academic query.
Chaitanya
(Querist) 14 November 2017
Yes Sir, i have accepted the contract. And there are no queries from consultancy. Simply they are giving same answer every time "Project has stopped". If that is the case i asked them to put me in some other project, but they are not responding. Their response itself is no good. And they took my Original voter id card for security. They are not even returning my original document. I am very much worried now. Request your suggestion.
Ms.Usha Kapoor
(Expert) 14 November 2017
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LEGAL CONSIDERATIONS
In general, candidates who have an offer rescinded do not have much legal recourse. Although it varies from state to state, unless otherwise specified, employment is “at-will,” meaning either the employer or the employee can terminate the employment relationship at any time and for any reason. Consequently, candidates have a difficult time enforcing a job offer or recovering damages for a rescinded offer when there is no duty on the part of the employer to honor the candidate’s acceptance of employment.
That said, there are some circumstances in which a candidate may have legal recourse if an employer rescinds a job offer. The candidate may be able to pursue a claim against the employer under one of the following legal theories:
• Promissory estoppel
• Fraudulent representation
• Breach of contract
• Discrimination
For further information you click the following link:
https://www.naceweb.org/career-development/organizational-structure/advisory-opinion-rescinded-and-deferred-employment-offers/
Chaitanya
(Querist) 14 November 2017
Now tell madam Usha Kapoor, can i go to court against the company. And what kind of action can i take against them as they are still holding my Voter id card.
Guest
(Expert) 14 November 2017
Why not, you may drag the company even up to the Supreme Court of India till you are able to get back your voter ID card. After all your very valuable property is in their custody, by selling of which the company the profit of the company may jump to the sky. Best of luck!
Question arises, of what use if your Voter ID card to the company? Also, have they refused to return your voter ID card?
