Debaprasad Ray (HR Consultant) 15 April 2017

Company not providing full and final dues and bgv

Respected Law Experts, With a big hope I am posting to you for a help as I am helpless and have not in such financial condition to take help from paid lawyers. I am in a hope that will get from your great people. Case Descripttion: One of my known was resigned from his services and served the required notice period, after notice period he got the relieving letter signed by a senior Manager - HR,and then he tried else where for a job . When he got a job his next employer sent a employment background verification check to his previous employer, The previous employer to whom he left a month back deliberately given a negative verification check saying he has not given handovers and performance was not good. However, the person got to appraisals in two years time and last appraisal he got before a month of leaving. Now, the next employer is not accepting and asking him to leave due to a negative background verification. Also the last employer is not paying his dues of full and final settlements. Every time saying that please come to help us . Kindly guide what should be done. - The person have all copies of resignation mail, handover reports, relieving letter and a mail saying your FnF cheque will be reday this week and will be paid.

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4 Replies

Ritesh Maity (Labour Law Advocate) 15 April 2017

You have two issues:

1. Your ex-eployer deliverately giving false/ negative feedback during verification as a result of which your current employer is asking you to leave/ resign. If you have irrefutable evidence that your ex-employer has deliberately gave false information in order to deprive you of your current job, then you have scope to take legal action. But I do not think you have enough evidence to do so as it is diffcult to have evidence of this kind of situation.

2. Regarding your full and final settlement, depending on the nature of your settlement you may send legal notice and thereafter approach appropriate legal authority to recover the same in case company does not pay. Please note that issue 2 has nothing to do with issue 1.

Debaprasad Ray (HR Consultant) 15 April 2017

Dear sir, Thanks a lot for your suggestions and kind attention. May I take the privilege to request you to guide me in issue 1 which is more damaging than issue 2.If they will not pay the dues that not a big problem of I can keep in my job.But what can be the irrefutable evidences .Except a relieving letter there is no such docs that prooves formal exit.kindly advise how the issue 1 can be dissolved.because it's a case of someone's future career which suffers due to someone's a department heads personal I'll wish.

Kumar Doab (FIN) 15 April 2017

The employee has a copy of BGV?

Get a copy of BGV.

Ritesh Maity (Labour Law Advocate) 15 April 2017

1. Do you have any evidence to show that your ex-employer has given you negetive feedback?

2. If yes, do you have any evidence that you were not entitled to such feedback? (e.g. say your employer states that you will absenting for 4-5 days in a month without authority; then do you have any document to negate that?

3. Do you have the copy/ report of the background vertification of the current employer?

4. Can you prove that only on the negative feedback of your ex-employer, your current employer is asking you to leave.

Please give point wise answer and state the relevant evidence you have.