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Ankit Pratik   10 October 2023

Offer letter revoked

My engagement broke down last year and they filed a Compalint in cgm court. I was supposed to join new company and while background verification they found a case against me ( I was not aware of that).  There was some monetary transcation like the expenditure for clothes and ring ceremony event which were not returned. While the otherr amounts were returned using bank neft

My company has delayed My joining . The case status is still pending. Can someone advice how can I convince my company to join



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     10 October 2023

If your company has kept your appointmebnt on hold then you may have to clear the pending criminal cases against you and then you can approach your employer.

Real Soul.... (LEGAL)     11 October 2023

You should clear the case and settle the matter with your ex inlaws ;

SAM (LEGAL)     11 October 2023

Inform your company about your petty issue and convince them with evidence that the aforesaid case is of civil nature and not criminal case. 

further inform them that you are in the procedure of settlement of the case with opposite party and this is some personal matter not related with any criminal breach of trust issues. Return back any items from your ex-inlaws if they have given you and take back all your items you have given to them and do out of court settlement and clear the issues

Dr. J C Vashista (Advocate and Legal Consultant)     12 October 2023

Such a case might have been registered under section 406 IPC, which do not involve any moral turpitude which has affected your character and anticidents, discuss with your employer / HR of the company.

LCI Thought Leader Sulakshana Survase   16 October 2023

According to the Indian Contract Act, 1872, an offer can be withdrawn until it is received and accepted by the person accepting it. Once the acceptor has granted acceptance, the agreement becomes valid. Therefore, any subsequent withdrawal would be considered a breach of the agreement and would have legal repercussions.

The candidate chosen by the company has never actually started working for the company, so they haven't officially become an 'EMPLOYEE' .

Even if the employer company presents this argument, it could find itself in an ethical and legal dilemma. We've already discussed the legal implications from a technical perspective. Ethically, if the company extended an offer and it was reasonably accepted in a timely manner, then the company should uphold its commitment.

1. Review Your Employment Contract: Examine your employment contract to understand the terms and conditions of your job offer and any clauses related to background checks, criminal cases, or delays in joining.

2. Communicate with Your New Employer: Reach out to your new employer and explain the situation. Provide them with any documentation you have regarding the case, its status, and the steps you are taking to address it.

3. Offer Compensation: If there were monetary transactions related to your previous engagement that have not been resolved, consider offering to make amends and settle those issues. This may help demonstrate your commitment to resolving the matter.

4. Mitigate Risk: In some cases, employers may be concerned about potential legal liabilities. Discuss with your attorney whether there are ways to mitigate such concerns, such as providing a bond or an indemnity.

5. Request a Conditional Offer: If your new employer is willing, you can request a conditional offer of employment, which allows you to start working once the legal case is resolved and any necessary conditions are met.

Ankit Pratik   06 November 2023

The case has been compromised by both party and accepted by the court. Bail has also been granted and on 3 Nov 2022 the case has been sent for disposal to lok Adalat on 9 December 2023. As lok Adalat in bihar sits in every 3 months so I can't do much.

But still my recruiter is saying we can't onboard you. I have shared them the court certified copy.

Any idea what I can do here. Other thing when I am checking online it's showing petintoer not well for 3rd November hearing.  Please help


Attached File : 990858 20231106115813 img 20231102 wa0010.jpg downloaded: 10 times

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

If the company is not accepting your candidature due to pendency of a criminal proceedings against you, there is no reason that the company will relax its policy or rules for your sake. 

You get them cleared and then join this company or skip this employment, you cannot sue the company for any reason

Sudhir Kumar, Advocate (Advocate)     16 November 2023

Since the case is compromised it cannot be said to be acqitted on merit. The company may take its own view.


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