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ABC (IT)     12 March 2015

Offer for job not honoured

Dear All Learned members,

I have worked in a multinational company for almost 10 years.

I have received a job offer from a global bank which was conditional "subject to no adverse finding in my employment verification."

The Offer letter also stated a joining date.

Before the joining date I was asked to hold on as my employment verification is not completed.

Its almost a month now, but there is no further joining date communicated to me. Nor any report on my employment verification is communicated.

Based on the job offer , I accepted the same and resigned from my organisation.

Please suggest what best course of action is advisable.

Warm Regards.

RM

 



Learning

 3 Replies

Kumar Doab (FIN)     12 March 2015

1. Was it communicated in writing that ................"to hold on as my employment verification is not completed."

 

Or did you mention it in writing in your minutes?

Or do you have any evidence?

 

2. You have posted that " Based on the job offer , I accepted the same and resigned from my organisation."

 

Were you asked to resign in writing?

Or  did you mention it in writing in your minutes?

Or do you have any evidence?

 

3. Company may take a shelter in clause that you have mentioned in your post ..................that "I have received a job offer from a global bank which was conditional "subject to no adverse finding in my employment verification."

You have also clarified that  "Nor any report on my employment verification is communicated."

If the offer is cancelled due to adverse comments in BGV then company has to communicate............

If sued companies and designated officials are known to take a stand that it was communicated in person/by phone/by ordinary post etc....

 

You can succeed to claim damages/compensation subject to merits that an able labor Law Consultant/Service matters lawyer/Law firm can assess after examining all docs on record............verbatim............and your inputs in person.

You may let your counsel structure your representations so as to build favorable record and merits required to drive the case............................

 

It shall be appropriate if services of an able counsel are engaged.

You can even decide to rope in  Employee's/Trade Unions.

 


1 Like

ABC (IT)     12 March 2015

Thank You Kumar for your kind response,

I would reply point wise as put below in red colour. Can you please also comment on my below doubts please

1. Is this a civil or criminal case.

2. Do I need to file an FIR with the police station

3. Is this case eligible to be taken up with Labour Commissioner?

4. Is there any fast track for resolving these cases in India?

5. Shouldn't the representatives of the company who made first contact with me till offered me the job be sued as well  to this as I see their face as the face of the company.

Thanks again

RM.

 

1. Was it communicated in writing that ................"to hold on as my employment verification is not completed."

 

Or did you mention it in writing in your minutes?

Or do you have any evidence?.................. Yes . I have received  e-mailed by their HR official mail ID which is also available in their web site secured through username & password. .More than 3 times to wait.


 

2. You have posted that " Based on the job offer , I accepted the same and resigned from my organisation."

 

Were you asked to resign in writing?

Or  did you mention it in writing in your minutes?

Or do you have any evidence?............. I have evidence.

 

3. Company may take a shelter in clause that you have mentioned in your post ..................that "I have received a job offer from a global bank which was conditional "subject to no adverse finding in my employment verification."

You have also clarified that  "Nor any report on my employment verification is communicated."

If the offer is cancelled due to adverse comments in BGV then company has to communicate............

If sued companies and designated officials are known to take a stand that it was communicated in person/by phone/by ordinary post etc.... ..............No communication is made till date.

 

You can succeed to claim damages/compensation subject to merits that an able labor Law Consultant/Service matters lawyer/Law firm can assess after examining all docs on record............verbatim............and your inputs in person.

You may let your counsel structure your representations so as to build favorable record and merits required to drive the case............................

 

It shall be appropriate if services of an able counsel are engaged.

You can even decide to rope in  Employee's/Trade Unions.

 

Kumar Doab (FIN)     12 March 2015

If you have evidence you have merits.

The job was offered and person was asked to resign from current employment......

Having resigned...............the person has lost his/her source of livelihood................

 

Your counsel may opine that  there can be civil and criminal implications....................and employee's and company liable for breach can be sued.

 

Your counsel can appraise you further after examining all docs and evidence on record.......................and rest of everything:::::options,merits,remedies,claims,damages etc..........

 

There are many threads with similar queries and in some publications  querists/authors posted that companies offered some compensation........................

 

Apparently you have merits.

Spend quality time with your lawyer.

The lawyer that has examined the docs,inputs in person can advise you the best. 

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