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lsingh (Sr S/W Engg)     20 June 2013

Company threatening to file a legal case for accepting offer

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 because, 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. As -B- could not wait for longer period than they provided me, they withdrew the offer from me in April 2013.


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."

 

They are asking me to pay 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.

 

 

Please help me knowing the path forward.
Looking for a quick response. Thanx in advance.

 


Learning

 6 Replies

Adv k . mahesh (advocate)     20 June 2013

first give them a detailed exlanation letter stating all the facts about ongoing process about leaving the present company and your willing ness to joing the b company and also give details that you were not given the document showing all this facts and you will not have signed to such a document if you know and also you can mention that you are itnerested to join even now to serve that organisation if given oppurnity but without such condition and send thorugh registered acknowledgement due 

lsingh (Sr S/W Engg)     20 June 2013

I have already met them and stated all the situation, but they are not willing to consider my part. All they are seeking now is, money.

Also, I have arranged a new employement after they withdrew thier offer, which I am going to join in few days from today.

I really dont want to join this B company anymore as I have got a really better opportunity in some other oragnization, and I really have a bad feeling about this company now.

Adv k . mahesh (advocate)     20 June 2013

the above information i gave is to give by writing because if they go through the legal aspect you have a proof to show that you had taken intiative to know the B company the ongoing situation you had faced that without your knowledge the B company has taken your signature onthe document 

1 Like

Sanjay Malik (Manager- Legal & Compliance )     20 June 2013

Let them do whatever they want, you have not worked for a single day, neither joined the orgnisation B. There is no need to worry about such things, there must be time mentioned by which date you need to join but you failed to join, they withdraw the offer after that day. That was only the offer, the Agreement of Emplyment was yet to be completed. and on what basis they have asked for damages. 

1 Like

VISHNU PROMOD SRIVASTAVA (ADVOCATE)     20 June 2013

Dear Mr. Singh

U need not bother about this as the CO. B can't take any legal action against U, but only can withraw the offer which they have already done.

1 Like

lsingh (Sr S/W Engg)     20 June 2013

Thanks Mahesh, Sanjay, Vishnu..:-)

So, as per you guys, I should not worry at all. Just in case, they come back with a legal notice/ or any mails from now onwards,I shall not entertain it.

I should not reply to the mails to them as i am not in a wrong place.

Please confirm...

@Mahesh Ji:- Sir, I did send them mail stating my 3 months notice, and my company didnot approve of it after they sent this legal notice mail(matter of which I shared above).

Also, earlier , before they withdrew the offer, I shared a mail with them stating my conversation with my current company about buying out my notice. Thanks for your advice.


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