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Geekaay (Tech Lead)     03 April 2014

Got offer from mnc but no response after bg red flag

I got an offer from an MNC company for Chennai location in the month of September 2013. My tentative date of joining was Dec 26th, 2013. I could not honor the joining date since my earlier company did not accept to buy out notice period. I had to wait till Jan 15, 2014 and revised my DOJ to Jan 17. During this time, as part of joining formality i had to fill out my education and past experiences for BG verification. One of my past employers was a technical training and solutions consulting company where i had worked as freelancer for 8 months. During this time, i did not take salary but was paid some perks from time to time depending on the project i worked on. When filling out on the portal, i had mentioned that i was employed full time and my salary was 3 lakhs/annum (as a projected figure). Though the physical verification of that employer went fine, the employment part came under scrutiny and was raised as red flag. I accepted my fault and pleaded guilty for misquoting information earlier. They did not accept my apology and my candidature was put on hold. The concerned HR person who dealt with my case asked me to wait and that he would try his best from his end to sort this issue out. It has been 2.5 months since and nothing has changed. Recently i learnt that this HR guy has left the company. Right now i am in the dark with no update from their side whether my candidature was rejected or still on hold. Believing this offer i have left my past company and now am unemployed for more than 2 months. As a family man with wife and kid and no other job offer at hand i am desperate. I would like to seek  legal opinion in this forum on whether to pursue a legal notice to the company for spoiling my career?



Learning

 3 Replies

Sanjay Malik (Manager- Legal & Compliance )     04 April 2014

i do not think, the litigation will help you on this matter, as appointments whether govt or private are subjec to back groud verification. in case of adverse find its discreationary power of the employer/appointing authority whether to accept or reject. 

would better to speak to that prospective organization.

Kumar Doab (FIN)     05 April 2014

Get into the habit of asking in writing to complete whatever verification and checks the prospective employer wants to do before the DOJ and confirm in writing that now you can resign from current employment.

Employee should learn to defend his interest.

Had you not tendered written apology you could still have some option.

Employee should never fudge the facts.

The HR person should have written to you that after your acceptance and apology the offer of appointment has been cancelled.

To avoid any onus on him he has preferred to remain silent and has firmed up his next venture and has walked out and away.

He won't easily accept his deficiency.

 

Still get hold of him and drill some sense into his head, if you want.

 

1 Like

Sudhir Kumar, Advocate (Advocate)     07 April 2014

you said

 

"Though the physical verification of that employer went fine, the employment part came under scrutiny and was raised as red flag."

 

please elaborate what you mean.


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