Community › Forums › Legal Advice India › Offer Letter termination from employer. Need help.
- This topic has 9 replies, 5 voices, and was last updated 1 year, 2 months ago by
Coolowl7566.
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PPrimebear4955
PARTICIPANT
April 6, 2025 at 10:21 amHi,I got placed in a company in 2023. They provided the offer letter as well which I had signed and sent them back as they asked. They delayed the joining for long time. In between, I joined another company since they were not giving joining. After I started working in that company, I got a mail from them where they gave me a joining date and asked me to report on that date to their office.
This is what I replied :
***Thanks for the mail. I wanted to inform you that I’m working in another organisation and won’t be able to join in on the said date due to mandatory notice period in my current organisation.***
***Thanks,***
Now, they sent me an email saying that since they are making the offer null and void, they will pay me an amount equal to notice period salary as per the offer letter. I sent them my bank details, etc. When I followed-up, the HR called me and told me it was a mistake from their end because I’m not eligible to get that amount. The reason is that I replied to one of their mails with the above message in 2023 ( that I am working else where and won’t be able to report on the said date).
This is the clause from the offer letter :
***”7. Termination***
***The notice period for termination of employment on either side shall be***
***three months. Company shall have an option of making payment in lieu of***
***notice period at its discretion.”***
Is there any thing, on the basis of which, I can still fight the HR that I should get this payout? Any advice?
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PPoonamthinker574
PARTICIPANT
April 6, 2025 at 11:08 amDude, you didn’t work for that company and worked elsewhere.For what joy should the company pay you? You didn’t join there and they didn’t terminate you.
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CCoolowl7566
PARTICIPANT
April 6, 2025 at 2:22 pmYou’re right.Just playing devil’s advocate:
Companies indefinitely delaying joining may cause some applicants to pause their job hunt for a while, potentially missing out on other opportunities and causing loss in income due to the delay.
Shouldn’t there be some compensation to OP?-
PPoonamthinker574
PARTICIPANT
April 6, 2025 at 2:25 pmIf you know as a child you’re going to get married, do you stop pursuing girls or do you just wait for your parents to find you a girl in AM?-
CCoolowl7566
PARTICIPANT
April 6, 2025 at 2:31 pmDon’t think the analogy is apt there.
If I am engaged to a girl I won’t pursue others while until the wedding.-
PPoonamthinker574
PARTICIPANT
April 6, 2025 at 2:32 pmWhen you’re engaged you finalise a date to marry as well and it’s not indefinite.-
CCoolowl7566
PARTICIPANT
April 6, 2025 at 2:37 pmThat makes sense.
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CCoolowl7566
PARTICIPANT
April 6, 2025 at 2:36 pm**-NAL-**There’s a difference offer letter and joining letter.
Until there’s an joining letter. They aren’t bound to pay you anything.Didn’t your current company also send you a joining letter following the offer letter?
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FFierceanirudh9723
PARTICIPANT
April 6, 2025 at 3:17 pmIf you are willing to spend few lacs let me know. We can definitely file a case. End result not guaranteed. -
VVandanashark196
PARTICIPANT
April 6, 2025 at 3:47 pmLawyers ain’t ever running out of business
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