Legal Question in Legal Ethics in India

Dear Sir,

I got selected in a Bangalore based IT company after clearing the technical as well as the HR interview in the month of July. I had told them that notice period in my current company was 2 months but still they gave me an offer letter with joining date set to 2 weeks from then.

I wasn't satisfied with the package & designation which I told them. But they refused to revise any terms. Finally, I agreed and sent them an e-mail saying that i accept the offer. I also mentioned that I have resigned in my current company and I would join them ASAP.

On 1st august, they asked me about the tentative joining date and I said that I would join in the second week of august on 11th-Aug-2011.

On 10th august, I asked them about the documents that I need to present while performing the joining formalities and the HR gave me a strange answer. She said that the joining date in the offer letter was 14 July, so that stands null & void and she needed time to prepare new offer letter & get the approval from the concerned authorities.

After two days, the HR called me saying that she is still in the middle of preparing the offer letter but their client wanted to take my interview, so in the mean time I should go for that interview.

Just to make sure that there was no catch, I very specifically asked if my employment depends upon the outcome of that interview. She assured me that my job is confirmed, only the joining date needs to be finalized.

Since I had no particular reason for not trusting her, so, I went for the client interview. Unfortunately, I could not clear it.

And now she (the HR) tells me that since I was not able to clear the interview, they can not offer me the job anymore and there are no other vacant position to offer.

I asked her that why she did not tell me this earlier when I said I had resigned. I asked the same to the senior HR but they gave me no answer.

Now they are neither answering my phone calls nor replying to my e-mails.

Now, the scene is that I had left my old job already and this new company is refusing to employ me.

I do have all the e-mails from their official ids, where she had asked me to reconsider the offer seriously and another one where she asked me about the tentative date of joining.

During the course of our e-mail interactions it was never mentioned that my job depends upon any further interview/interaction, be it from client or from this company itself.

Since the HR kept on telling me that my job is secured, i didn't even try to look for a job outside in any other company.

The irony is that at one point I was about to get a new job with pay-raise of 2L and now I don't even have a job.

As I understand, this is totally unethical and misleading behaviour and hiding the critical terms and conditions and putting forth false commitment.

Since our relations have soured to the point that even if I get it forcefully, I can no longer trust them with the job as they can lash out and sack me after 2 months by implicating me falsely.

Please suggest that what I should do?

Regards,

Gagan

1 Answer from Attorneys

Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in India

Looking for something else?