1. #1
    Unregistered

    Can we take action against the employee who has rejected the offer letter of the company?

    We had recently appointed 3 people as technical consultant to our organization. In that one of person did not return and when called he has rejected the offer letter as he got better job than this. As an HR do we have a right holding him legally responsible for rejecting the offer? Can we take any legal action about them?

  2. #2
    Suraj Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    No, you can not take any legal action against a candidate who has rejected the offer as every candidate have the rights to reject or accept the offer. Every HR provide the offer letter to the new candidate and now that new candidate have a choice to accept it or reject it, you can not blame anyone and no one is responsible for the loss of the organisation to to rejection of job offer by the candidate.

  3. #3
    Labournet Law Consultancy Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    No you cannot take any legal action against that employee. He has not left you company after joining your company. Whether to accept or reject an offer letter it is his wish.

    If he had accepted the offer letter and worked for even 1 day and he left your company within the notice period then you can take action. But now it is not possible to take any legal action. As an HR what you can do is that you can recruit some other person for the job. You have to thing that it is better that he has left early. If he would have joined and left then you would have in more trouble.
    LabourNET Law Consultancy
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  4. #4
    sanju0770 Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Dear..

    Every person has a right to choose the best available thing for him. You can not force him to take some decision regarding his career. If a person had come for an interview in your office and got selected and before joining if he got an another offer or due to some other reason if he rejects the offer then you can not do anything. It is HR or the interviewer duty to check whether the candidate is able to join or not.

    You can only take an action if the person has signed an agreement or bond and refuses to join then you can demand for the amount written in the bond from that person.

    Hope it will help

    Cheers...!!!

  5. #5
    Ashok Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Quote Originally Posted by Unregistered View Post
    We had recently appointed 3 people as technical consultant to our organization. In that one of person did not return and when called he has rejected the offer letter as he got better job than this. As an HR do we have a right holding him legally responsible for rejecting the offer? Can we take any legal action about them?
    Dear Aspirant,

    No,You are not supposed to move to take any legal action against the concerned candidate,because every one try for betterment in his life.He has not joined your company & thus he has not violated any terms & conditions of the appointment so that you could move to take any legal action against.

    You have got only one option to appoint another candidate in place of that expected candidate.Till the employment of new candidate,get the works done with the existing working strength.

    Thanks.

    Ashok

  6. #6
    ealp Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Dear sir-according to your statement it indicate you issued offer letter to join at your company,but that employee rejected your offer as he is absorbed by another better company hence you are thinking what to do?as you need 3 (three)technical consultants for your cpmpany.

    You are nothing to do against that employee as you know in this world nobody will leave better offer,so the employee who rejected your offer letter it is deemed as normal behaviour by a right human being.it is true you are now in trouble so that before issuing or selecting candidate you should keep an waiting list for emergency purpose.

    Any way it is not a bigger problem you can manage it as a efficient hr of the company.

    Thank you,

  7. #7
    Chittaranjan Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Dear sir,as an hr of a successful company you must not think negatively.as you are aware the employee till today is not the employee of your's you just issued offer letter.so there is no question/scope to take legal action against that employee who have rejected your offer as he has absorbed by a better company.

    Indeed you are in trouble as you need 3 three technical consultants for your company.as a hr, sir to overcome and to handel such situation perfectly you should make an appointment list adding 1 or 2 more employees to that list.

    Thank you,

  8. #8
    Amit Kumar Pal Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Originally posted by "Unregistered'
    Can we take action against the employee who has rejected the offer letter of the company?
    Dear Aspirant,


    You mentioned that you issue a offer letter to someone and he rejected it even he find a better job opportunity, it is human nature that everyone want to choose best thing for their life they have rights to choose what he should do or not? They have rights to choose better option for their career. You can not take a legal action regarding this.You can't do anything against him.In fact its better for you that he left job before joining.


    In other side if he signed in any agreement then Yes you can take a action.
    As a HR you have to recruit another person for your company ASAP.

  9. #9
    G.one Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    No, you can not take any legal action against that candidate who has rejected the offer letter from the company. Offer letter is not an boundation where acceptance of it is compulsory rather it's provide an option to the opposite party to accept or reject the same. If the candidate is not happy with the terms and conditions or he gets good offer, then he have the right to reject the same. Since he haven't accepted the offer letter therefore no legal relationship arises between that candidate and the company, hence no legal action can be taken. However if he had accepted the offer letter and had notified you the same, then he can't revoke it back, if he attempt to do the same, then only you have the right to take legal action against him. Now you need to find the new employee for that post.

  10. #10
    neha agarwal Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Hi,

    I would like to let you know that if company is having vacancies in their organization and somebody have given an interview and cracked the same, then each and every company to get recruit that candidate, issues an offer letter which is responsibility of the HR team of the company. Once HR issues an offer letter to the candidate, then that person will have rights of either acceptance or rejection of the same as per their wish. Issuing the offer letter doesn't mean that now the candidate become an employee of the company. So if he is not the employee of the company till yet then legally there is no way & you do not have any right to take an action against him. Company can take an action against their employees only.

    But yes If he would have joined the company and then tried to leave the company, so in this case as per company's rules and the agreement which he signed at the time of joining, you can take an action against him.

  11. #11
    wipro84 Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Hi friend,

    If company rejected you unnecessarily then you can take the legal action.
    If company is already told you before in past about rejection then you can't take any action about the company.So,directly meet the company chairman and ask why they removed you from the company.
    There is a possibility that you can be rejected if not worked well.So,it would be better if you will choose the another company immediately.So,start the searching job immediately.You can also request the company manager for appoint again in their company.SO,don't about reject you have better job in future.

    Thank you...........

  12. #12
    Madhu M Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Hi..I dont think you are in a position to take any legal action against the candidate who has rejected your offer letter..

    Its the choice of the candidate whether he wants to join the job or not after getting the offer letter..If he gets a better offer in the interim he will surely opt for that..

    Its completely the decision of the candidate to join a particular job or not..

    You can only take action if a candidates leaves after joining and breaks your bond ..In this case you are surely not liable to take action ..

    Best of luck..Thanks

  13. #13
    Sai Deep Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Hello,

    No you cannot take any legal action against them.

    When a person rejects the appointment , you cannot do anything about that
    The decision of accepting or declining the job offer is completely upto them.

    If they get a better job offer then they will definitely opt for the better one.

    so you should find another candidate for your job instead of taking any legal action.

    moreover you cannot take any legal action against them

    you dont hold any right for that.

    Thank you

  14. #14
    Boss Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    No you can not take any action at law against that worker. He has not left you company once connexion your company. whether or not to just accept or reject a suggestion letter it's his would like.

    If he had accepted the provide letter and worked for even one day and he left your company inside the notice amount then you'll take action. however currently it's insufferable to require any action at law. As associate degree hour what you will do is that you just can recruit another person for the task. you have got to factor that it's higher that he has left early. If he would have joined and left then you'd have in additional hassle

    Every person features a right to settle on the simplest accessible factor for him. you'll not force him to require some call concerning his career. If someone had return for associate degree interview in your workplace associate degreed got hand-picked and before connexion if he got an another provide or thanks to another reason if he rejects the provide then you'll not do something. it's hour or the inquirer duty to examine whether or not the candidate is in a position to affix or not.

    you'll solely take associate degree action if the person has signed associate degree agreement or bond and refuses to affix then you'll demand for the number written within the bond from that person.

  15. #15
    manas.career Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Hello ,
    you cannot take any action to any candidate who has rejected to your offer letter .He has not left you company once connexion your company. whether or not to just accept or reject a suggestion letter it's his would like.Its the choice of the candidate whether he wants to join the job or not after getting the offer letter..If he gets a better offer in the interim he will surely opt for that..

  16. #16
    mahhiads Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Hello Friend,

    If You Provided The Joining Of These Peoples And Attached That Peoples With Job Bond Than You Are Able To Do Any Notices For That Person Which Reject Your Company Job Bond, But There is Condition Is That Person Rejected Your Offer-Letter Because They Got The Better Job From Your Company,

    So Nothing To Happened Just Appointed Any Other Person Which Needed The Job.......

    All The Best

  17. #17
    sampath Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    hello sir,
    you don't have enough rights to take action against the employee who has rejected offer letter.the candidate has his own rights in deciding his jobs.so you cannot take legal action against them.

  18. #18
    Devi.career Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Hello Sir,
    No you dont have the right to do any legal action against that candidate who left the company before joining.
    had he joined the company and signed the bond and then left without informing then you could have taken any legal action against him.
    now in this case you cant do any thing.
    As per the rule a person is only considered as an employee of the company when he is been formally inducted to the system after all bond work and verification.
    so now he is not an employee of your company and you cant take any action against him.
    you should have select more candidate and put them in the waiting list for this kind of situation.
    Thank You

  19. #19
    Unregistered

    Re: Can we take action against the employee who has rejected the offer letter of the company?

    Can any company take a legal action against employee who has received the offer and refused to join as he is getting better offer some were else.

  20. #20
    super.1 Array
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    Re: Can we take action against the employee who has rejected the offer letter of the company?

    No, you can not take any legal action against that candidate who has rejected the offer letter from the company.

    Offer letter is not an bond where acceptance of it is compulsory rather it's provide an option to the opposite party to accept or reject the same.

    If the candidate is not happy with the terms and conditions or he gets good offer, then he have the right to reject the same.

    Since he haven't accepted the offer letter therefore no legal relationship arises between that candidate and the company, hence no legal action can be taken.

    However if he had accepted the offer letter and had notified you the same, then he can't revoke it back, if he attempt to do the same, then only you have the right to take legal action against him.

    Now you need to find the new employee for that post.

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