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Cheated after giving the offer letter
12-Jun-2023 (In Corporate Law)
Hello Sir/Madam,
My brother recently got an Offer from one of the MNC in Bangalore and they promised to onboard him on 20th April.So he has to serve the Notice period where he was working and he completed that.But the new company did not onboard him till now .Not confirming the joining date,not given any compensation. Now brother has no job.I need you advise how to proceed for any legal action in such scenarios.
If your brother has accepted the offer either by signing it or by writing to the employer, he can always seek for civil remedies.
The offer letter accepted by your brother becomes a binding document and will come under the purview of Indian Contract Act. In a situation like this,wherein your brother has acted upon the offer and has tendered his resignation to the present employer, he can file a civil suit against the employer who offered the new job for either enforcement of contract or for damages/compensation.
(An employer can rescind from his offer only for reasons mentioned in the employment contract. If your brother's contract has any such clause and if he falls into that category then it will be hard to pursue a legal action against the new employer.)
The offer letter accepted by your brother becomes a binding document and will come under the purview of Indian Contract Act. In a situation like this,wherein your brother has acted upon the offer and has tendered his resignation to the present employer, he can file a civil suit against the employer who offered the new job for either enforcement of contract or for damages/compensation.
(An employer can rescind from his offer only for reasons mentioned in the employment contract. If your brother's contract has any such clause and if he falls into that category then it will be hard to pursue a legal action against the new employer.)
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Adv. Prince Jose
Bangalore | 25+ Answers
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