Offer Termination
Saumya Bhutani
(Querist) 26 August 2016
This query is : Resolved
Dear Sir,
I got offer from a software company, I got selected and company offered me immediate joining in one day. I quit my job and ready to get join. But suddenly on the date of joining my Grandmother expired suddenly, I informed the company HR and ask him for 4 days extension, after 3 days without any notice company terminate my offer. I suffered a big loss of money and till yet I did not get any job.
Suggest me what would I do.
Thanks
Saumya
Kumar Doab
(Expert) 26 August 2016
Did you get offer letter?
In any case it is overreaction and non application of mind.
Raj Kumar Makkad
(Expert) 26 August 2016
Nothing can be done in the given situation.forget it like a bad dream and try for suitable job.
Kumar Doab
(Expert) 27 August 2016
Certainly you have to and you must firm up your next venture.
You have posted that;
"I got selected and company offered me immediate joining in one day. I quit my job"
"I suffered a big loss of money and till yet I did not get any job."
You can press your rights and also sue for damages.
Some of the options that you can explore:
--Charge the HR person and appointing authority and establishment and claim damages
--approach employee's/trade unions
--approach your able counsel specializing in Labor/Service matters and proceed further after considered opinion and understanding merits as per record with you.
It is understood that if you left employment in hand you must have suffered financial loss and past employer may not take you back and you are rendered unemployed without any source of livelihood.
P. Venu
(Expert) 27 August 2016
A civil action lies in the matter. As the first step, you serve a Notice through an advocate.
Raj Kumar Makkad
(Expert) 28 August 2016
A the employee didn't join within the stipulated time of one day may it be any reason, the company was not obliged to put on hold the offer already given. Legally author has no right against the said post if his leave was not legally accepted prior to his joining.
Kumar Doab
(Expert) 29 August 2016
There is no question of leave involved if the said company has declined to accept author ( affected employee) as its employee.
However on DOJ due to death the employee duly informed.If required as in case of CL/emergency/urgency leave application can be submitted upon joining.
Against notice period (pay) that is to be served to employer ( read employed with on date of selection/offer/DOJ) the next employer demanded immediate joining, thus forego employment/source of livelihood in hand, notice pay/other payouts that employer may decline to pay in FnF.................
Death is not in control of employee/employer/attorney's of employer in Line Management/HR personnel/legal cell etc....................
The affected employee duly informed the next employer of death and took 4days.
The next employer cancelled the offer on 3rd day (before 4days).
It is humane that in list of stacking order of preferences; family is first than employer and death of family member more so elder of the family is priority matter than joining pushed by employer.
What would happened if grandparent of employer died?
The employee in question does have merits.
So far the author has not posted his/her designation, nature of duties, association with employee's/trade unions etc..................
Without any hitch approach a very able and sharp counsel specializing in service/labor matters.
P. Venu
(Expert) 29 August 2016
There had been a completed contract which could not be honoured only because of an impossibility. No contract requires the performance of the impossible.
Kumar Doab
(Expert) 30 August 2016
Venu Sir,
I am all appreciation for your last post.
It is concise and precise.
Author your able counsel can guide you further on how to defend your interest.
