Ayanjyoti Das
Asked September 06, 2016

Call letter withdrawn unreasonably

  • 1 Answer
  • 109 Views

This is Ayanjyoti Das. I have been a pharma sales professional for last 12 years. Due to some family health issues I had to leave my job in July 2016. After that I was busy in taking care of my father's health and unable to appear for any interviews for the next job. Subsequently my father's health deteriorated and he died on 7th August. Then onward I started searching for the next job and I got an interview invitation from Lundbeck India Private Limited, HM towers,No 58 1st Floor Brigade road , Bangalore -5600025, as an ASM Kolkata. I have cracked the interview and they sent me the offer letter on 30th August. My joining date was 1st of September. I was very happy as it was a second life for me after a dangerous phase of my life. But all of a sudden in the morning of joining they called me up and said, "We are not going to continue with you and your Offer Letter is withdrawn with immediate effect". I was shocked and repeatedly asked for the reason why the have done so. I have not hidden a single thing about me and I expressed my current situation and requirement for an immediate job to run my family. End of the day they said to me that,"You have communicated to another probable candidate about company while the selection procedure was going on. That person was unknown to you and you have searched for his profile on Social network sites (FB). This is unethical and we cannot continue with a person like you". I was stunned, then also I pleaded like anything that it was completely unintended and I didnt mean anything harmful about the organisation. But they denied to listen anything from me and stick to there decision. Actually what happened is, the company sent me a communication asking for my testimonials on 26th August, 4 days prior to the offer letter. Incidentally they have sent that mail in reply to some other candidate's mail. I have sent my documents to the company and started searching for that profile on Facebook just for curiosity purpose. I have found him and chatted few words regarding our candidatures and asked him if he also got the same communication or not. It was ended like this before my joining. Now on 31st August night this man has sent this communication to the company and asked them how they can send ones mail to another person. He was worried for his professional secrecy. I am jobless for last two months and I am the elder son of my parents, with my wife, daughter and mother. I have to now head the family after my father's untimely death but I am unable to contribute a single penny for my family. I have communicated to all my friends, relatives and family well wishers who were worried for my future. With all the good wishes and thanks I was going to join a new job and suddenly entire world became dark for me and that too, without my knowledge. I have lost all my social status and my dignity after this cruel behavior of the company. I know, they are not going to give my dignity back, but I want to know, is there a provision to file a case of Defamation against the company for the compensation of my social respect and dignity ? I can provide all the documents to support my complaint. Kindly help, I am helpless.

Answer 1

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SAURABH KUMAR

Companies usually have detailed non-disclosure agreements that usually contain the following clauses-

A. to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure;

B. not to use any of the Confidential Information except for Business Purposes.

C. not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any of the Confidential Information except as specifically authorized by the employer in accordance with this Non-Disclosure Agreement.

D. not to use any Confidential Information to unfairly compete or obtain unfair advantage in relation to employer in any commercial activity which may be comparable to the commercial activity contemplated by the parties in connection with the Business Purposes.

E. to restrict access to the Confidential Information to those of its officers, directors, and employees who clearly need such access to carry out the Business Purposes.

 F. to advise each of the persons to whom it provides access to any of the Confidential Information, that such persons are strictly prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the detriment of the Employer, any of the Confidential Information, and, upon Request of the Employer, to provide the Employer with a copy of a written agreement to that effect signed by such persons.

G. to comply with any other reasonable security measures requested in writing by the employer

 H. To refrain from directly contacting or communicating by whatsoever means to the Source(s) of Information without written consent of the employer.

I. To undertake not to disclose any names and their particulars to third parties without the written consent by the employer.

 

This leads to two potential situations-

 

  • If your joining letter did not have a non-disclosure agreement, then you did not violate any norm and likewise, cannot be punished in any way. This is because there was nothing in legal terms to restrict you from communicating to another applicant.
  • If they did have a non-disclosure agreement in the joining letter, you can take this issue up in a labour court for wrongful termination and explain in the court with the details of the chat that you did not disclose anything confidential that could potentially damage or harm the company and hence proving their action to be unjustified and disproportionate.
  •  

    In order to file a case against the company, I advise you to take the services of a lawyer and approach your local labour office and send a legal notice to the company informing them of the suit you have filed against them for wrongful termination of your employment. If you decide to take the matter to court, ensure that you prepare yourself well for it. Maintain a record of all the incidents that you think were wrong or in violation of your rights. If possible, note down the date and time as well. This will be immensely useful to your lawyer, who will be able to ascertain if you have a case at all. 

    You can also consult this website to understand the format of submitting complaints- http://labour.and.nic.in/comp_claim.htm

     

    Please see if your case can be settled through arbitration or by a labour tribunal as this is easier and more cost-efficient as cases in labour court often go on for years without any settlement. Please consider an out of court settlement as well as you can end up with a healthy compensation as well.

    Agree Comment 0 Agrees about 1 year ago

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