Understanding Job Offer Revocation and Legal Implications

Hi, I wanted to know from an employee perspective. Currently, I am working as a software engineer in an MNC. Recently, I resigned from my current organization after receiving a "letter of Appointment" from another MNC. I sent an email to my future employer's HR, mentioning that I am accepting this offer and I will be joining on a certain date. I also received confirmation from their side.

So my question is, "Is there any chance that my future employer could reject the offer given?" If rejected, is there any possibility that I can take any legal action against the employer?

Thanks in advance, Sagar

Hi Sagar,

It is my personal view. Ideally, it should not happen, but sometimes it may happen that your future employee may put the position on hold for any reason, or they may not need your services, or they may have found someone who is ready to join the same profile at a lesser salary, etc.

Regards,
Monica

It may happen that you will not have any legal case to make if you have not been given the appointment letter. I am saying this as a layman. Also, they could take you on and make the position redundant while you are still on probation. However, these occurrences do not happen on a large scale.

Dear Sagar,

Unless and until you receive an offer letter on the letterhead of the new company, you cannot consider that you have been offered a job. If you have received the aforementioned letter from the company, then yes, you can take legal action against them. If not, forget about the company and look for other options. Any other communication is null and void and will not stand in a court of law.

Regards,
Mahendra

As rightly said by Simhan, even if you take any legal step, they will hire you for a month or two and fire you without any notice, as you will be on probation.

In any company, recruitment is done based on the manpower requirement. If you have been selected for a particular post in any company and they have issued an offer letter to you, then ethically they cannot reject the offer they had offered you. If they do, you have the right to take legal action against them based on the offer letter they have issued.

Dear Sagar,

Whatever the experts are giving their opinion on is true. However, try to find out on what grounds they are rejecting your employment. Maybe they must have checked your credentials with the previous employer or they must have received some adverse information about you. On that basis, they can refuse your appointment. However, they have to convey either in writing or verbally.

Otherwise, you cannot take any legal action against them. They can give any random reason. So, the best way is to look for another opportunity. Being a technically qualified person, you will definitely get the job elsewhere.

All the Best.

Deepak M.

Dear Sagar,

Have you read the responses given so far? After some experts differed with my view, I checked the web and found this link https://www.gov.uk/job-offers-your-rights. If you mention what type of offer is given, then one can give a precise answer.

More at https://www.google.co.uk/#q=can+a+jo...r+be+retracted.

In my view, legally there is no scope to fight against the company. It depends upon the terms and conditions of the company when issuing the appointment letter. Another important aspect is the probationary period. During this period, the company may terminate any employee, as agreed upon by the employee at the time of joining the company.

Dear Sagar,

It happens sometimes due to various reasons. Just take a look at your appointment letter, which was issued to you and which you had accepted. If it is on letterhead, you can proceed in a legal manner. Alternatively, you can opt for communication via email from the company's official HR email ID. However, if you don't receive a response, the company may feel guilty but still choose to let you go, as all senior employees are informing you. During the probation period, the company has the right to terminate any employee, so they might do it later, leaving you in a helpless situation. Therefore, it is advisable that if you have any doubts, you should start exploring alternative options.

Please let me know if you need further assistance.

Best regards,
[Your Name]