Offer Letter Issued but Joining Not Given – What Is the Court View in India?
This article is published by The Legal Warning India and written by Advocate Uday Singh.
This article is for general legal information and awareness purposes only. It does not constitute legal advice or solicitation. Communication is purely informational, in compliance with Bar Council of India Rule 36.
Introduction: When an Offer Letter Turns Into a Job Crisis
Many job seekers face a disturbing situation where:
- An official offer letter is issued
- Date of joining is confirmed
- Candidate resigns from previous job or relocates
- But the employer suddenly refuses or delays joining
This creates not only financial loss but also mental stress.
The key question is:
Is an offer letter legally binding? What do courts say?
What Is an Offer Letter in Legal Terms?
An offer letter is a formal communication of employment intent issued by an employer, usually containing:
- Job role and salary
- Joining date
- Terms and conditions
However, courts in India have consistently held that:
An offer letter alone does not automatically create a permanent employment relationship.
Court View: Is Employer Bound by the Offer Letter?
Indian courts generally examine:
- Whether the offer letter was unconditional
- Whether the candidate accepted it
- Whether joining was dependent on conditions (background check, approvals, etc.)
General Judicial Position
- If the offer letter is conditional, employer may legally withdraw it
- If it is unconditional and accepted, arbitrary denial may be questioned
Courts usually do not force employers to give joining, but they may examine unfair conduct or damages.
Common Reasons Employers Deny Joining
- Internal hiring freeze
- Background verification issues
- Change in business decision
- Role discontinued
- Cost-cutting measures
Not all reasons are illegal, but lack of communication or false assurance may attract legal scrutiny.
What Happens If You Ignore This Situation?
Many candidates stay silent, hoping the company will call back. Ignoring the issue may result in:
- Loss of alternative job opportunities
- Employment gap in resume
- No written proof of denial
- Weak legal position later
Delay weakens your case.
Legal Remedies Available to the Candidate
1️⃣ Written Representation
First step should be sending a professional email asking for clarification in writing.
2️⃣ Legal Notice
If ignored, a legal notice may be sent highlighting:
- Offer letter issuance
- Acceptance and reliance
- Loss suffered due to denial
3️⃣ Civil Remedy (Limited Cases)
In rare cases involving clear misrepresentation, civil action for damages may be explored.
Courts focus more on compensation than forced employment.
Important Documents to Preserve
- Offer letter (PDF/email)
- Acceptance email
- Resignation proof from previous job
- Relocation or expense proof
- HR communication records
Digital evidence plays a crucial role.
What Should You Do Next?
- Do not rely on verbal assurances
- Communicate only in writing
- Preserve all documents
- Seek legal guidance if delay continues
Early legal awareness prevents long-term career damage.
