Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Roshan Ramkrushna (XYZ)     26 January 2013

Revoked my job offer

CMM lavel 5 company had sent me the Offer letter + Provisional Appointment letter along with date of joining, due to their offer I had resigned from my current company and went for joining at Bangalore, but at the date of joining HR said they found the major discrepancy in my Previous company salary (I was shocked because I had submitted all genuine documents) so I need to wait till there Background verification done.

Finally after long follow-ups almost after 2 months, they sent me there I-Verification portal screen shot where I put the salary component 27000/- and there Background verification team confirmed my Previous company salary was 26020/- Rs from my employer. Due to this reason they revoked my offer L

Is this a valid reason to spoil somebody’s career? I told them I had no intention to put this figure, this is only a 4 years back salary tentative figure. And you had offered me the compensation on the basis of my Current Company salary not on the bases of my Previous Company salary.

Kindly let me know your suggestions.



Learning

 4 Replies

Kumar Doab (FIN)     26 January 2013

You have posted that:

--“ but at the date of joining HR said they found the major discrepancy in my Previous company salary”

On which date did they find the discrepancy? Did they communicate that the job offer made by them offer letter dated…….stands cancelled?

You must have provided the contact details and address in job application, and they should have communicated by effective mode of communication.

 

--“so I need to wait till there Background verification done.”

The Background verification was already done and was communicated to you on the date you reported for joining the duty.

 

--“ Finally after long follow-ups almost after 2 months, they sent me there I-Verification portal screen shot where I put the salary component 27000/- and there Background verification team confirmed my Previous company salary was 26020/- Rs from my employer.”

Does the screen shot contain report of their Background verification team? If yes what is the date of report? If it is soft copy they must have received by email on the same date which is mentioned in the report.

Why did they maintain studied silence till your date of joining?

The follow ups have fetched you some success.

Further follow ups may get you some more success.

It is also possible you may not succeed in getting compensation.

--“ And you had offered me the compensation on the basis of my Current Company salary not on the bases of my Previous Company salary.”

You seem to have a point there.

Although a statement has to be correct in letter and spirit.

Did you show the previous salary slip as well during the interview and did the company relate all docs with the entries and statements in job application? If yes you need to take a stand.

Why did they not object then and there on the spot?

--“ I told them I had no intention to put this figure, this is only a 4 years back salary tentative figure.”

Did you mention word tentative somewhere in your job application, or did you mention it to interviewing committee in person and did they allow filling the amount without asking to show or enclose old salary slips?

Do you have the copy of list of enclosures/documents to be attached and produced by you?

If yes has the company asked for last salary slip only or all salary slips?

You need to look into each and every thing carefully to add force to your logics and reasons and arguments.

--In the offer letter has the company included a clause and condition that if the candidate does not join after availing offer letter some cost can be imposed on the candidate?

You need to explore the possibility of cross reference.

Is it mentioned that if any of the statement made on past salary is found incorrect the job offer can be cancelled.

The language should be looked into carefully by a smart lawyer.

Your lawyer may succeed to explain the amounts of Rs.27000/ mentioned by you and Rs.26020/ mentioned by the third party and believed by the company.

Is your last salary less than your salary 4 years back i.e. Rs.27000/or Rs.26020/?

 

Has the company employed someone else in your place and what is the salary offered to him? Is it lower than what was offered to

You may show all docs to a smart, competent and experienced labor consultant/service lawyer and give inputs in person, and understand the merits from legal point of view.

During the formative years lawyers are trained to:

Bang the law if you are strong on law.

Bang the facts if you are strong on facts.

Bang the desk if you are weak on both.

If your lawyer confirms the merit and you are convinced you may proced under the expert advice of your lawyer.

 

You may submit a representation in writing under acknowledgement to company however the representation should be carefully structured and drafted.

If you agitate and are able to drill sense into the heads you may succeed to get some relief. This can be treated as an oversight and you may be allowed to correct it.

After you have not fudged the employment record and your record and certificates are not fake or fabricated.

If you do not attempt at all you won’t get anything.

The HR has done what it is known to do in situations tire and dump the employee and they do not move until they are forced to move.

 

You may also try with union for IT employees and seek guidance from them.

IT/BPO Voice of India | Facebook
The Indian Headquarters at Bangalore

Prithviraj Lekkad - President, UNITES Professionals India
Karthik Shekhar - General Secretary, UNITES Professionals India
#6/2, 1st Main, Next to Kodava Samaj, Vasanthnagar, Bangalore - 560 052
Phone: + 91 - 80 - 2235 5959 . 4123 5499
Email: contact@unitespro.org / unitesprofessionals@gmail.com

Bangalore
N R Hegde - Regional Director, UNIDOC Karnataka
#6/2, 1st Main, Next to Kodava Samaj, Vasanthnagar, Bangalore - 560 052
Phone: + 91 - 80 - 2235 5959 . 4123 5499
Email: unidocbangalore@gmail.com / nr.hegde@unitespro.org

 

Kumar Doab (FIN)     27 January 2013

You may go thru another similar thread initiated by another employee:

 

Discussion > Labour & Service Law > Employment > Payment of dues

https://www.lawyersclubindia.com/forum/Payment-of-dues-73896.asp#.UQTr3DfZ1JI

 

There seems to a trend to leave the employees to lurch by such unscrupulous employers.

All of the affected employees may unite and proceed against such employees.

Roshan Ramkrushna (XYZ)     28 January 2013

--“On which date did they find the discrepancy? Did they communicate that the job offer made by them offer letter dated…….stands cancelled?”

On the date of joining HR said according to their BGV Team your background verification was not cleared, so you need to wait for another 3-4 days for completing your BGV check. But after 10 days (After sent the harsh mail, because I am staying at hotel on my own coast) HR replied me that they found the discrepancy on my previous company salary component she is going to reinitiate the Background Verification process till I need to return back to my home town and she will be Inform me the update on my mail (I had return back because don’t have any option) and went to my previous company to confirm what negative feedback they sent, previous company HR has shown me the mail which is sent by third party for verification and she verified all the details (She is unable to forward this mail to me due to confidentiality matter).

After almost 2 months follow-ups (After sent the harsh mail to their GM and VP, because due to their offer I had resigned from my current company, and I have setting Ideal no job till date) they sent me the Email which containing the screen shot where in previous company details page I had put the 27000/- in monthly cross salary box. And also she has attached my previous company salary slip which is showing my gross salary was 26020/-, below mail she had sent.

#Further to our discussion, this is to inform you that we are revoking your offer on account of major discrepancy stated in the compensation details. This offer stands null and void with immediate effect.#

--“You must have provided the contact details and address in job application, and they should have communicated by effective mode of communication.”

I had provided my contact details and address as well, and all the communication done on mail and cell phone.

--“The Background verification was already done and was communicated to you on the date you reported for joining the duty.”

They took my Technical Interview, HR Interview and I sent all the required documents demanded by HR after that they sent me the offer letter + Provisional appointment letter with joining date, I had accepted the offer and appointment letter I signed and copy was sent back to them. They had not done my Background verification till the date of joining.

--“Does the screen shot contain report of their Background verification team? If yes what is the date of report? If it is soft copy they must have received by email on the same date which is mentioned in the report.”

No Background verification team not sent any report along with screen shot. Only HR has sent me the mail.

--“Why did they maintain studied silence till your date of joining?”

No Idea sir (Might be they had some other priority works)

--“Did you show the previous salary slip as well during the interview and did the company relate all docs with the entries and statements in job application? If yes you need to take a stand. “

After HR round they had demanded only for my Current company last 3 months salary slips and Form 16. For all previous company they only requested for Reliving letters and Experience letters.

--“Why did they not object then and there on the spot?”

GOD knows (They are waiting for my resignation from my current company)

--“Did you mention word tentative somewhere in your job application, or did you mention it to interviewing committee in person and did they allow filling the amount without asking to show or enclose old salary slips?”

This is the only mistake I had done; I had calculated tentative monthly gross salary by CTC (annual salary) divided by 12 months and put the round figure (Not mentioned tentative word), I think nobody can remembered the 4 years back exact figure.

--“Do you have the copy of list of enclosures/documents to be attached and produced by you?”

Yes I have.

--“If yes has the company asked for last salary slip only or all salary slips?”

They had requested for only Current last 3 month salary slips.

--“In the offer letter has the company included a clause and condition that if the candidate does not join after availing offer letter some cost can be imposed on the candidate?”

No

--“Is it mentioned that if any of the statement made on past salary is found incorrect the job offer can be cancelled.”

Not only mentioned the past salary, they mentioned that any information is provided by you is incorrect then they will terminate you at any stage.

--“Is your last salary less than your salary 4 years back i.e. Rs.27000/or Rs.26020/?”

No, obviously its (Current salary) more than 4 years back salary.

--“Has the company employed someone else in your place and what is the salary offered to him? Is it lower than what was offered to “

How do I know??

--“You may show all docs to a smart, competent and experienced labor consultant/service lawyer and give inputs in person, and understand the merits from legal point of view.”

Kindly suggest me for the same in PUNE.

 

Kumar Doab (FIN)     10 February 2013

You have posted that:

--“ I had calculated tentative monthly gross salary by CTC (annual salary) divided by 12 months and put the round figure.”

 

You may mention this is how you calculated the monthly remuneration and hence there is no concealment or discrepancy or wrong information.

 

You may also prompt them to multiply the figure quoted by you with 12 and arrive at your annual CTC.

After the entire amount is different by just Rs.80/pm, and the company is making a big fuss on it.

--“ How do I know??”

As you know other things. Who else shall find it for you?

If company has recruited some one else in your place at a much lower CTC offered to you, then you may just a point there.

--“ Kindly suggest me for the same in PUNE.”

 If you wish to avail the services of a LCI Lawyer you can conduct search at:

 

https://www.lawyersclubindia.com/lawyers_search/#.UReR1Tdbfvo

 

e.g.

 

jagadish paranjape

 

 

 

darshana sawant

 

Your near and dear ones can also guide you to a competent and experienced lawyer.

You may understand the merits from your lawyer and proceed under the expert advice of your lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register