Can I decline an accepted job offer and pursue another opportunity?

Question

► **Subject: Can I decline an accepted job offer and pursue another opportunity?** I have received a job offer from an IT company in India and accepted it by email. I am expected to join after completing my notice period and being formally relieved by my current employer. The offer letter contains a clause stating that, after accepting the offer, I should not engage with another company to seek another job offer. Before joining, can I legally pursue and accept an offer from another company and withdraw my acceptance of the first offer? Is this restriction legally enforceable, and could withdrawing my acceptance result in any legal or financial liability?

Answer 1

Dear Client,

Based on the facts provided, the clause in your offer letter restricting you from pursuing other employment after acceptance is not legally enforceable under Indian law, as such restrictions amount to restraint of trade under Section 27 of the Indian Contract Act, 1872. You are free to withdraw your acceptance before joining and accept another offer. Unless you have already received monetary benefits like a joining bonus or relocation allowance, there is no legal or financial liability.

That said, reputational considerations remain important, so you should communicate your withdrawal politely and professionally. Given the nuances of employment law and the importance of protecting your career interests, it would be advisable to consult with a lawyer one-on-one to review the offer letter and ensure you take the most appropriate steps.

Hope this clarifies your position.

Can I decline an accepted job offer and pursue another opportunity?

1 Answer