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Can employment once promised be refused at a later stage?
17-May-2023 (In Labour & Service Law)
What are the rights of an executive who on being promised a job by a competing firm is asked to provide an NOC from the current firm ( indicating that the current firm has no objection in the employee joining the said competitor), but eventually the said employee is refused an offer?
It depends on whether you had received the Offer Letter / Appointment Letter or not. You cannot claim the job from the company, however you can claim compensation for the losses or damage incurred by you due to the said offer.
You shall have to file a suit for damages and compensation against the company and you can take action on the following grounds:
i. Loss of employment as you had already resigned from your earlier job and obtained an NOC as well, with respect to the job.
ii. If any agreement was signed then breach of contract. In case of no contract, you can also bring the ground of promissory estoppel.
iii. Loss of livelihood.
iv. Violation of principles of natural justice as you were not given a chance to be heard before cancelling your job offer.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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