Human Resources/Query


Is there any legal action can be taken by management if a candidate accepts the offer and then do not join the company on joining date or rejects offer?
In offer letter it is mentioned that if candidate accepts offer and step back or rejects offer then management can take legal action against him/her.

Please provide answers, waiting for your answers.


Dear Sushil
I understand the pain when a candidate who has accepted the offer rejects it. Or worse still does not join on the appointed date. It just sets back the entire recruiting effort & the work as well.

Yet this is becoming a trend and can be difficult to deal with. This is the first time that I am hearing about an organization putting in a clause of taking legal action if the person were not to join.

Honestly, it is a free world beyond a point & there can be no legal binding. However, if you have put in the clause, I would be keen to understand what the clause is.

Even if it is tenable in the court of law (which is extremely doubtful - when even bonds that have no basis are not tenable), consider the time & energy you would invest in taking the individual to court. Alternatively if you invest that time & energy to get someone else, that perhaps may be more beneficial to you. Please think about it.

What you can do is to share your experience about the individual with those you know in the industry. Just in case the person is accepting offers in the same industry, there may be a possibility of others becoming cautious about the individual.

Having said that, in case this is a pattern, I would urge you to reflect on why this is happening to you. Is there something that you need to changes as well. The reason for saying this is that if it is a pattern, then it is quite possible that prospective candidates are not hearing well about the company.

Hope this helps you take the right decision. Do revert if you want clarifications or have other queries on this. I will be happy to respond. All the best.

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Pankaj Bhargava


Questions related to choice of career, inter-personal issues at the workplace, performance management issues, structure issues, compensation structuring issues, culture building issues, linking HR with org. strategy


22 years in HR and Org. Development, designing & facilitating interventions, leading an HR team of an Indian multinational & facilitating multiple organizations across industries to build the desired culture to serve business need

HR magazine of TISS (an HR institute of repute - Tata Institute of Social Sciences)

B. Tech (Chemical Engineering) from IIT Mumbai (one of the most reputed engineering school in India) and PGDM (MBA) from IIM Kolkata (one of the most reputed management institutes in India).

Awards and Honors
Was awarded the Gold Medal for excellence in HR by the Bengal Chamber of Commerce at IIM

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