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Arindam (Manager)     20 September 2013

False background check (bg) feedback from previous employer

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



Learning

 12 Replies

Kumar Doab (FIN)     20 September 2013

 

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.

 

 

 

1 Like

Arindam (Manager)     21 September 2013

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

Kumar Doab (FIN)     22 September 2013

 

If your current employer that has received negative BGV is at Bangalore and BGV to it is supplied at Bangalore and current employer sends you a copy at Bangalore, you may succeed to agitate at Bangalore.

 

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 Bangalore address in email/letter to you.

 

 

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………………….

 Trade unions know precise ways to handle such individuals.

A legal notice by your lawyer may drill the sense into the heads.

 

 You may charge the employer and HR personnel by name.

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.

 You may find the  IT/ITes/BPO employees unions, some of these are;

 

https://www.itpfindia.org/

 

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

 

 

 

IT/BPO Voice of India | Facebook

 

CBPOP (the present UNIDOC)

 

www.unitespro.org

 

https://www.wbitsa.org/

 

 

 

 


 

 

 


Attached File : 787191948 trade unions in karnataka.doc, 787191948 list of labor officials in banglore.doc downloaded: 152 times
1 Like

Arindam (Manager)     23 September 2013

Dear Mr. Kumar Doab,

Thank you very much for your response.

Regards,

Arindam

 

 

Arindam (Manager)     24 September 2013

Hello All,

Is it possible to legally obtain my background verification (BG) report from the third party background verification agency of my prospective employer?

Regards,
Arindam

Kumar Doab (FIN)     24 September 2013

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…………………………. 

Arindam (Manager)     24 September 2013

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

Kumar Doab (FIN)     24 September 2013

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.

2 Like

Arindam (Manager)     24 September 2013

Dear Mr. Kumar Doab,

Thank you very much.  I really appreciate your time.

I will do the same.

Regards,

Arindam

 

 

 

Kumar Doab (FIN)     24 September 2013

Demand in writing a copy of your job application, all formats, forms, notes, notings, that were prepared exchanged during the interview and after it including reference checks, BGV etc……till Mr/Ms……………….designation………..dept……………….name of company………………address……………..stated to you on dated…………………..and dated………………………that your job offer is cancelled since ……………………

Demand in writing from third party verification agency.

Then Last employer……………..

 

A sensible company, sensible HR personnel shall not reveal more than: DOJ/DOL/Starting Salary/Last Salary/Designation……………………….

Since sensible company and its HR won’t share more than this the so called Prospective employer/ third party verification agencies/reference checkers  may not call HR of last employer and may start asking Last Boss, peers, etc…………………

Another view is that since the company and its HR, its senior executives don’t want to get named………………………all transactions would be kept verbal…………………..or someone in the line management will be tipped to give lip service to the person that is asking around…………..

Hence the verification report needs to be kept confidential. Since it is neither fact nor factual nor an established fact.

Some companies/HR personnel/Line Managers may get adventurous, daring as majority of the employees do not raise their voice or shout or pull the offenders to punish them………………………………….for defamation, discriminatory retaliation, revengefulness, intimidation…………..

But the trend is perturbing and lots and lots of nuisance have been littered and are being littered.

 

Ask some seasoned person, colleague, friend, and entrepreneur in same business, HR agency to ask for you and record the conversation.

If you know or can access some entrepreneur or someone in same business of reference check/BGV ask to run a check on you…………………..and even approach this same BGV agency………………….last employer…………………

 

Get hold of established evidence that is published/recorded/is false statement/damaging/harming………………………….

 

Your lawyer would educate you on what needs to be done.

And what is

Subpoena

1.                              Summon (someone) with a subpoena.

2.                              Require (a document or other evidence) to be submitted to a court of law.

 

Subpoenaed

 

 

Subpoenaing

 

 

 

 

Indian Evidence Act :Section 33:

 Section 33 deals with ‘Relevancy of certain evidence for proving, in

subsequent proceeding, the truth of facts therein stated:

 

 

1 Like

Arindam (Manager)     24 September 2013

Dear Mr. Kumar Doab,

This is helping me a lot.  Thanks again.

Sincerely,

Arindam

 

Ankush Aggarwal   22 January 2021

Hello All,

I have a bad experience with my last company during my notice period. It was a 90 days notice period and as per their policies, no leaves are allowed during notice period. I fall sick during notice period and I took 5 days sick leave. I had enough sick leaves & earned leaves balance at that time. My company rejected my sick leaves, stating that no leaves are allowed during notice period, even on medical ground. They extand my notice period by 5 days and also deduct my 5 Earned leaves. I requested my company many times to either extand my notice period by 5 days, or deduct my 5 EL's, but not the both. They denied my request and finally, I complained about this to Labour Commissioner. A hearing was called by labour inspector, day before my last working day.

The company agreed to my demand in front of labour inspector and the matter was resolved there itself. I joined the next company and working there for last 4 years. I got a new project in my current company, for which they did my background verification. In the background verification, my last company mentioned negative feedback about me, stating - "He is not an employee to rehire. Dusing his tenure in the company, he went to Labour Court for very pity reason and most importantly he lost the case. Our policies are very much clear, but he is an employee who don't understand the policies, etc etc."

Now, due to this negative feedback, I am not supposed to join the project and my current company still keep me on bench. I wrote email to company and copy to labour commissioner. From, the telephonic conversation I had with labour officer, it seems labour commissioner cannot help much in this matter.

Please advice, what options an employee has when his former employeer gave such negative feedback out of revenge.

Thamk you

Regards

Abhishek


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