Hello All,
I have worked with a company small company (06 headcount) 3 years back. After getting better opportunity I decided to move out of that company. The notice period at that small company was 1 month. But, my prospective employer wanted me to join earlier. Hence, I decided to buy out the notice period and move out. Even after buying out the notice period owner and HR of of the company was not ready to relieve me. Finally, after a discussion the matter got settled and proper relieving letter was issued to me.
Now, I have offer from another company. But in Background check owner and HR of that small company is giving negative/false feedback.
Even after possessing all proper documents from previous employer (Offer letter, Reliving letter signed and stamped by the owner, The resignation sent to the company and company's reply on that, Salary Slips) my prospective employer is taking objection solely based on the Background Check (BG). Could you please tell what are the possible way outs from labor law perspective?
Regards,
Arindam
The action by employer and HR person shows zealous and vindictive mindset.
This is a prevalent practice and it is prevailing as employees do not pull the offenders to courts of law and neither employee unites and become member of trade unions.
Trade unions know precise ways to handle such individuals.
Although the companies prepare and keep personnel files on employees but do nto easily allow to examine these.
The labor laws demand to keep service cards and forms/formats to be kept and Inspectors appointed enactments e.g; Inspector under Shops and Commercial establishments Act, Labor Inspector etc can enter office and examine or even call record and registers in their office.
Therefore if employee has lodged complaint he may peruse even if by RTI route and obtain records from Labor Officials…………
Or demand to allow examining the personnel file and if matter lands up in court of law let employer bringing files and records in court.
Has the employer made some comments on conduct of the employee in relieving letter : Good or adverse? If good comments have been made then how come this employer and HR person is giving negative feedback?
In future always try and succeed to obtain good comments while in employment and also in relieving letter.
Be SMART and TACTFUL and obtain even if by email comments from next employer that past employer has given negative feedback and thus have some document in hand to agitate to past employer that it is with malafide intent to affect your employability and source of livelihood.
Thereafter you may issue a stern communication that during employment never and stinker or show cause notice has been issued to you on your conduct and rather your conduct and performance has always been appreciated then why negative feedback is being given after you have separated.
To the current employer you may reply that your conduct and performance has always been appreciated and conclude that since you have bought notice period from past employer to join current employer the past employer is acting in unfair manner.
Buying out notice period is not misconduct.
Your current employer which made you join immediately by buying out notice period must be aware of the practices in trade and it might also be acting in the same fashion with its employees that choose to separate.
Has the current employer compensated you for notice pay? If NO you have born this cost.
If NO you have made a mistake by not negotiating properly.
You have left past job and new job is in trouble.
You should have communicated even if by email that past employer is unwilling to agree to buy out notice period and has threatened that it shall render negative feedback.
If you are a member (or become a member) of trade union and let the President and Secretary take up the matter.
If you are not able to handle the matter on your own you may approach a competent and experienced labor consultant/service lawyer and proceed under expert advice of your lawyer.
It shall be wise to retain access to a lawyer always and keep on consulting on imp. matters.
The lawyer that has seen all of your docs can advice you the best.
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Dear Mr. Kumar Doab and other honorable lawyers,
Thank you very much for your response.
Can I complain against my past employer (in Delhi) for his unwarranted / vindictive comments provided in the feedback given to the new employer? I am presently in Bangalore. To whom and where (place) I can complain. I am on the verge of loosing the new job offered to me because of false ,vindictive, adverse comments from my past employer. The relieving letter is just plain, without any adverse comment on me.
Regards,
Arindam
If your current employer that has received negative BGV is at
Obtain copy of the adverse comments in BGV even if by email or copy of screenshot etc………………
Request to current employer/HR to put your
You have posted that:
“I have worked with a company small company (06 headcount) 3 years back. “
Act fast.
The employee can agitate at his last location in the company, location of redg. office of the company, location of jurisdictional courts as stated in appointment letter/contract of appointment…………………………………
You may find out if company has office at your current location……………………and represent to them in writing under acknowledgment.
If no location of jurisdictional courts is stated in appointment letter/contract of appointment, employee may succeed to agitate at any location……………
The employer may take a plea that redg. office of the company is at location………………….and/or employee was located at……………………..so courts of law at location…………………..should have jurisdiction………………….
A legal notice by your lawyer may drill the sense into the heads.
You may approach a competent and experienced labor consultant/service lawyer and proceed under expert advice of your lawyer.
It shall be wise to retain access to a lawyer always and keep on consulting on imp. matters.
The lawyer that has seen all of your docs can advice you the best.
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You should certainly act since this negative feedback shall continue to haunt you in future too.
Obtain copy of the adverse comments in writing in BGV even if by email or copy of screenshot etc………………from prospective employer which is denying to employ on the strength of negative feedback passed by third party employed by it……………………….
Record all verbal transactions (audio/visual) and keep some witness evidence.
Once you have something in hand you may vehemently deny the feedback and allegation and proceed to pull the last employer and even third party and ask to reveal the source I last employer that has passed the feedback……………………
If you are not able to handle the matter on your own you may approach a competent and experienced labor consultant/service lawyer and proceed under expert advice of your lawyer.
Your lawyer and trade unions may advise that you can open many fronts………………………….
Hello Mr. Kumar Doab,
Thank you very much for your response.
I spoke with HR from my prospective company. He told me that he can't share the feedback. Since, he also can't access the original e-mail.
Can I legally force 3rd party background verification agency of the prspective employer to share that feedback with me?
Regards,
Arindam
It is felt that you need to shift from verbal mode: asking, telling to written mode when you transact with last employer, prospective employer, third party verification agency.
If you feel you may ask the third party in writing, however it may also express its inability as it must have been bound by written/unwritten obligations of confidentiality.
Of course you may get some reply in writing.
Approach your lawyer and trade unions.
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