Can i send legal notice to my employer


Hi Team,

 

I have worked in a IT company and got releiving and experience letter and took new position with other company.

As a process of verification from my previous employer to the verification team  gave afeed back saying that the

reason for leaving the organisation is  involuntary termination.

The presenter employer have terminated me. What to do know ?

what are the posible ways to sue the company.Please advice

 

Thanks in advance.

 

Bharath.

 
Reply   
 
Lawyer at Supreme Court of India

Sure you can send a legal notice to your previous employer. Advocate kapil chandna.9899011450
 
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Business

Why were you terminated by your last and your present company ? Do you have evidence of the reasons given? Are those reasons correct? That will determine what you can do, AFAIK.
 
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Business

Why were you terminated by your last and your present company ? Do you have evidence of the reasons given? Are those reasons correct? That will determine what you can do, AFAIK.
 
Reply   
 
FIN

You alone would know the situation and facts and 'Why did your past employer mention reason of separation as..................................termination?'


Involuntary termination: would imply dishonorable discharge, sacked, fired,.....................

IN its own records the past employer might have also recorded in your personnel files ' terminated with prejudice' implying............................not to be hired again or ...............................blacklisted.


For your own sake you need to contest it.

Did you resign and do you have copy of resignation submitted by you, its POD, Its acknowledgment  and its acceptance?

Relieving letter signifies: nothing is pending/due at the end of employee, hence on this part you can't be accused?

Were you in fact terminated? If yes what is the reason stated in in termination order? If no reason is stated then the feedback given in BGV would render the termination as stigmatic.


You may revert to the points raised to further the discussion.

 
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Reply   
 

Hi All,

Thanks for your  valuable suggestions

 

Answers inline

 

Did you resign and do you have copy of resignation submitted by you, its POD, Its acknowledgment  and its acceptance?

 

Yes. I have resigned due to my personnel reasons and the resignation is accepted and i have the proof of evidence.

 

Were you in fact terminated?

I was not terminated by my previous employer.

 

I was terminated by my current employer stating that BCG team got feed back saying that Reason of leaving is  Involuntary Termination from my previous employer.

 

I have received my experience letter too and here is the content

 

"During the tenure of his employment, his interpersonal and communication skills have allowed him to develop productive working relationships with both our customers and colleagues. He has shown remarkable dedication, enthusiasm and a positive attitude towards his job responsibilities. I wish him the best of luck and recommend him for employment without reservation."

 

 

Please advice.

 

Thanks,

Bharath

 
Reply   
 
FIN

 

1.        You have posted that:

I was terminated by my current employer stating that BCG team got feed back saying that Reason of leaving is  Involuntary Termination from my previous employer.

 

Do you mean that “ The current employer has stated in writing, in termination order that :::::::’ BCG team got feed back  in writing……………………….( from your past employer…………………from appointing authority, or from HR or from some line manager) that Reason of leaving is  Involuntary Termination from my previous employer.

OR

“ The current employer has stated in writing, in termination order that :::::::’ BCG team got feed back  in verbal……………………….( from your past employer…………………from appointing authority, or from HR or from some line manager) that Reason of leaving is  Involuntary Termination from my previous employer.

 

The point is that you need to dig for evidence and succeed to  produce on record on your own or to compel the current employer the BGV conducted was verbal or in writing and what was source: Employer personally, HR, Line Manager/reporting manager, or some of your sub ordinate staff or some colleague………………………

 

Remember if BGV is underlying condition for employment/continuation of employment/discharge then it has to be proper and solid………………………………………….and should not be based on hearsay, gossip and rumor.

 

>>>If it is not stated in writing then; Did you record the calls/meetings (audio/visual) during which this reason was stated to you…………………………or do you have a witness? Have you minuted this discussion?

If you have not minuted this discussion in writing under proper acknowledgment then hold and let your lawyer now draft and structure all of your communications and submit these under Redg. Post and insert the paper in Redg. Post envelope in front of Sub Postmaster and if required obtain certification on your copy and obtain POD (free) and certified copy of run sheet of postman from PO (against Rs10/).

 

>>> If it is not stated in writing then; this is sufficient!

 

Your past employer has “Published false statement harming your reputation, employability, source of livelihood…………………. and offered you opportunity entitlement of claim for damages.”

 

2.     You must have filled and submitted internal employment application form and might have retained copy of it ……………………………………and answered various questions like :::::: Reason for Leaving:::::names and phone numbers of your past line managers, HR personnel,…………….etc.

If you have not retained the certified copy demand it in writing thru redg. post…………………..and also the flow chart of sequence of interviews and notes that were prepared while selecting you. These notes may contain that reference check was made by interviewers, officials and hence you were selected since the feedback was satisfactory.

 

 

3.     You must have shown the originals and supplied the copies of your resignation letter (your copy), experience certificate, relieving letter………………………………………Narrate and cover it in your subsequent representations.

4.     Demand certified copy of the BGV report submitted by BGV team (internal/external) by redg. post and also the name/designation of person that has conducted BGV/name of company/ its Prop-MD etc address/email id-fax-phone number that has conducted the BGV……………………………..name/designation of personnel of your employer that has coordinated the BGV………………………….. name/designation of personnel of your past employer that has replied to the BGV…………………………………………………..and certified copy of the queries raised in writing in BGV and replies given in writing!

Then pull these personnel to court of law and let them affirm their  statement.

Your lawyer specializing in criminal law shall explain to you what is Subpoena?


5.     This BGV has become case document and can not be concealed…………………………from you, Lawful authority, court of law…………………………Concealment would amount to fraud with court.

 

Evidence even if obtained illegally would remain evidence!.......................

 

Sensible employers would place a clear and defined policy on reference Check and its published version would state that:

---No information shall be shared.

---The information that can be shared and it would be limited to:  Date of appointment/Date of Separation/Beginning Wage/Ending Wage/Job Designation etc

Let us assume that the BGV was assigned to some third party outside the company that does Reference Checks.

This third party purposefully might not have written to HR, might have called HR by phone, might avoided calling the HR by phone and might have rather conducted so called BGV from say anyone…………………..e.g security guard!!!!

YOU MUST DEMAND THAT PAYOUT TO THIS THIRD PARTY OR BGV TEAM BE BLOCKED AND THE NAME ETC BE PUBLISHED TO YOU AND IT BE BLACKLISTED FOREVER……………..OBTAIN THE DETAILS AND CIRCULATE WITH PHOTO TO ALL EMPLOYEE’S UNIONS, TRADE UNIONS, PLACEMENT AGENCIES, POLICE ETC…………

 

6.     Demand from your past employer (appointing authority/MD) that you should be allowed to examine your personnel file, notes, notings in your personnel file…………………………………….and to supply you the name/designation of personnel of your past employer that has inserted notes/notings/comments in your personnel file………………………………….

7.     Is it stated in offer letter/appointment letter issued to you that BGV shall be conducted (after appointment) and in case the information filled by you is found to be wrong your employment can be terminated? 

If yes: is it stated in offer letter or appointment letter?

If it is stated in offer letter then what was the joining period and why the employer did not completed the BGV during joining period?

8.     The IT companies are covered
---by standing orders,……………………….some states have included all commercial establishments act in purview of standing orders.

---as commercial establishments under::::::::(Name of the State) Shop and Commercial Establishments Act……………………………………..and has to maintain all forms/registers prescribed under various enactments applicable to the establishment…………………..e.g. Service card…………….

 

 

{{{{{  1[FORM V]

 

[See Standing Order 1, Schedule I-B]

Service Card

31. Employment History

Department

Token No.

Designation

Scale of Pay

Joined

Left Reason

1

2

3

4

5

6

 

 

 

 

 

 

 

35.

Details of Disciplinary Action

36.

Promotions

See Service Card at:

http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Industrial+Employment++Act,+1946/The+Industrial+Employment+%28Standing+Orders%29+Central+Rules,+1946

}}}

Although some states might have granted the permission to self certify such forms and registers however the Labor Inspector, Inspector under shops and commercial establishments act can examine all such forms/registers/files………………………….and even call these in their office……………..

 

MAKING FALSE ENTRIES IS OFFENCE……………………………………….AND IT IS LOUDLY SATED IN  THESE Act(s).

 

9.     You can sue your current employer for not providing opportunity of natural justice to you and making you loose ‘on Income’…………………………………….. by believing hearsay, gossip, rumor…………..without any validation.

10.  You can sue your past employer by lawsuit for giving out negative references about you by suing for defamation………………….and (Employer,line managers, HR personnel etc) discriminatory retaliation………………………………….that too after issuing exceptionally good remarks in writing.

 

11.   If you have lost on income then you have a case for "damages."

 

YOU MAY WITHOUT ANY HESITATION APPROACH YOUR ABLE LABOR LAW CONSULTANT/SERVICE LAWYER………………………..AND ALSO AN ABLE LAWYER SPECIALIZING IN CRIMINAL LAW……………………….WE HAVE SEEN ENOUGH INSTANCES THAT ALL OFFENDERS RUN TO AFFECTED EMPLOYEE AND OFFER TO SETTLE AND COMPENSATE……………….AND SMART EMPLOYEES GET COMPENSATION AND ALSO PUT OFFENDERS BEHIND BARS……………….

 The reference check of BGV is a global fad and Indian IT companies have imitated their global brothers without following their practices.

 

They are mostly unaware that their Supreme Court of USA judgments “that   Bad References Can be "Discriminatory Retaliation".

 
Reply   
 

Thank a ton for the response.

here is in detail.

Current employer sent the Followiing Termination mail

 Sub:Termination of services

 As a part of joining formalities and as per the policy of the company, background verification of the each employee in the company are done and in the process, a reputed agency had given authority to verify the details of your previous employer. After due verification and referral check the agency has submitted the report with the following major discrepancy.

 Details of discrepancy.

     ABC PVT LTD submitted in writing

 Reason of leaving:  Involuntary Termination

As per the terms and conditions specified in the offer of appointment letter and policies of the present company I was compelled to terminate my employment.

 

I have received my experience letter too and here is the content

 

 

"During the tenure of his employment, his interpersonal and communication skills have allowed him to develop productive working relationships with both our customers and colleagues. He has shown remarkable dedication, enthusiasm and a positive attitude towards his job responsibilities. I wish him the best of luck and recommend him for employment without reservation."

 

Please advice

Regards,

Bharath

 
Reply   
 
FIN

You have posted that:

 

-----"As per the terms and conditions specified in the offer of appointment letter and policies of the present company I was compelled to terminate my employment."

Were you terminated by termination order or did you resign?
 
 
 
----"Current employer sent the Followiing Termination mail

 Sub:Termination of services"

 
As per this part of your last post you seem to have been terminated.
 
 
----"Details of discrepancy.

     ABC PVT LTD submitted in writing

 Reason of leaving:  Involuntary Termination"

 
The BGV is claimed to have been submitted in writing.
 
 
Rest of the matter has already been elaborated.
 
 
Approach your lawyer AS AP.
 
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