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Ramesh (SMT)     13 June 2013

Signed an appointment letter and then rejected the offer

Hi I have signed an appointment letter with company X. Along with this company I had another offer with company Y. The company X didn't give me an offer letter and gave me 5 mins time to sign the appointment letter. It didn't get the witness signed in front of me. When I asked they said they will get it signed by their employees afterwards. There was section in the appointment letter stating that i need to pay 3 months salary if i don't join by the committed date which is 75 days from the date of signing this letter. The one who referred me to this company X had given me a good feedback. When I asked the HR on employee lay offs and bonds that i need to sign after joining the company, they said no lay offs and no bonds are required. To my utter surprise I heard few interesting things about the company from ex-employee before 15 days of joining. He said there were 6 employees laid off in the past 2 years and the employee needs to sign a bond of 2 years initial for the training he was provided. With hearing this I reconsidered the decision of joining Company X and had mail them indicating my inability to join their company 14 days prior to the date committed. Then the real torture started, they kept on calling me and also intimated me through sms that if i don't join their company their legal department will sue me according the appointment letter. Also, i heard they started harassing the employee who referred me and put pressure on him to make me join. Given this type of company i decide not to join the company and intimated the same through email 9 days prior to the committed date. Their HR now has sent me an email asking me to pay 3 months salary as per the liquified damages caused by me for not joining with the pdf containing "BY RPAD" within a week time from this mail. I am not in position to pay that much amount and also not willing to join the company after this much of treatment. Can you please guide me on how to proceed from here? Thanks Ramesh


 3 Replies

Kumar Doab (FIN)     13 June 2013

Has the company supplied you the copy of offer letter signed by you? If yes you may check if bond,training etc is mentioned in it. You could have stated the reasons e.g. bond,lay off,not supplyong....etc

Ramesh (SMT)     13 June 2013

The company had given me a copy of the appointment letter where there is only the sign of HR letter. I didn't sign it or there is no sign of witness. 


The letter didn't had information on traning and bonds for that tranings. I heard from the ex-employee that they will ask to sign the bond once the traning is started.


I stated them that I have my personal reasons and will not be able to join your company. I thought telling bad which i heard from the ex-employees is not professional and didn't give those reasons.

Do i need to respond to that RPAD notice?

 

The mail contained

 

"

This mail is with reference to the breach of the appointment letter agreement by not joining our Organization as committed by you.

 

Please check the attached legal notice towards the breach of agreement.

 

You have to respond to us within 1 week of receipt of this email, else we would initiate the necessary legal  proceedings"

 

the notice had

 

 

The appointment letter contained the following clause

 

 

Please advice

Kumar Doab (FIN)     13 June 2013

In your first post you have stated:

 “Hi I have signed an appointment letter with company X.”

 

In your second post you have stated:

“I didn't sign it “   “or there is no sign of witness.”

You alone would which one is true.

If you have not signed on the document, it is not applicable to you.

“Please check the attached legal notice towards the breach of agreement.”

If there is a legal notice issued by a lawyer/company you may approach your lawyer, show all documents: job advertisement, interview call letter, selection letter, offer letter/appointment letter, emails sent by you/company, threatening calls made to you ...etc....narrate all facts (don’t conceal anything from your lawyer) and submit a fitting reply to the legal notice by your lawyer, and put the matter on shut up mode.

Employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting on his own.


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