Hi,
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 becuase, 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. I was still in discussion/negotiation with my current company, and was in touch with the B company about the updates through the consulatnt who was an interface between me and -B-.
Now, as they could not wait for longer period than they provided me, they withdrew the offer from me in April 2013.
They had an annexure stating " -B- works on tight client deliverables and resource needs. 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."
They asked me to sign the offer letter stating breakup and these annexure, which I did sign in March 2013 and sent hard+soft copy to them of the same.
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.
Main headings of claim
1. Telephonic / email conversations
2. Resourcing fees
3. Time and Effort fees
4. Reputation damage
5. Client Damage Fee
Kindly note to get back to us within 48 hours of the receipt of this notice to seek clarification and sharing your acceptance as an apology and meet us in person to explain the cause on or before 14th June 2013, on non-receipt of your apology/reversal we will assume that you’re ready bear the claim charges imposed and thus we will register legal action."
I have tried to contact them for quite a some time now. They are not responding on the mail. However, when I contacted them over the phone, they asked me to visit them, and pay the amount of damages. I visited thier office, they are asking me of 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.
2). Its a 100-200 employees company based out of UK, and have a office in Hyderabad, and they send thier consultants to their clients. They donot have any base of their own. The office that they told me to visit is a one room 10*6 office having 5 people sitting there in New Delhi, as I was offered a job in NCR only.
They have communicated from mobile phones only, not any official contact number.
They never provided me thier contact number till date. Its not there even at thier website, offer letter they sent.
Looking for a quick response. Thanx in advance.
