Cite Contribution
Community Manager
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Pon1965
Construction
Samvedan
Consultancy_hr & Ir
+1 Other

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A friend of mine had a road accident case. The case is now closed in his favour. Will the case appear negatively in his back ground? He has not disclosed the case in his organization.
Road accident cases are not uncommon. In what way the company is involved on his personal case? Nothing will affect him. Pon
Ok, thanks, I will pass on the information.
He was a bit unsure as he had declared that he was not involved in any cases when he joined. The case was open at the time he joined but is closed in his favour now. His organization has started criminal background verifications now.

I think I missed a point, the case involved a death and police tried to implicate him but court acquitted him. Trust this information helps you answer the question better
Greetings,
Its entirely the organization's prerogative to consider this case. Generally a criminal case as lodged in the Police station works negatively during the criminal verification. Though the reasons and outcome might get stored for further consideration, there is little that can be predicted on the final decision that would be made by the company.
Companies avoid hiring employees with a negative criminal background purely as that creates hassles for them during Visa Processing, any client standards to be maintained for the resource pool or any other business reasons.
Hope this answers your query.
Regards,
(Cite Contribution)

Hello,

Interesting issue!

Before I respond, I feel its only fair that you share all relevant information of the incident to the members together.

It is not good to provide piece by piece information.

Having said this, my first response is what is the job he is employed for? I understand that he is employed in much higher level and therefore this accident, especially when he is acquitted, should not come in his way. But now I want to know if the acquittal was by way of "honourable discharge" i.e. clean acquittal OR acquittal for want of evidence and the prosecution's inability to prove the charges! Each of this situation could draw a different response from a potential/present employer.

However, responding to (Cite Contribution)'s observations (and I agree with her entirely), in short the point that the new employer MUST undwerstand is, "an accused is not a criminal" or in India's jurisprudence "everyone is innocent unless proven guilty! In fact this principle has been taken so far as the jusiciary to be guided by the dictum, "In all cases, the accused must get the benefit of doubt and the charge has to be positively proven".

Now a private sector employer is not bound by these jurisprudence principle and could as well take a view that if any of its employees had faced a criminal trial, then notwithstanding his acquittal, the company shal not employ such a candidate and legally we cannot find fault with such a policy from a private sector employer.

I would wish the concerned gentleman the best!

Regards

samvedan

June 25, 2011

------------------

Hello Work_Force_Management,

Samvedan has put it very succinctly.

But I am not sure if this has complicated things for your friend or simplified!!!

However, the reality remains as he mentions.

Though rules in Public sector are very clear about such aspects--even reg the continuation/suspension/termination of services, Private Sector Rules are hazy & prone to various interpretations, varying from organization to organization.

There are Private Sector Companies that allow an employee to work even during the course of the case hearings as also subsequent to acquittal/exoneration, just as there are Companies that samvedan mentioned. It would depend a lot on the individual's company-specific reputation during his/her tenure. If your friend has built-up a good capability reputation within the company, the view could be lenient, if his case issue comes to their notice, since it's closed in his favour now.

I can see only one suggestion to give to your friend: Keep his fingers crossed for the moment & Cross the bridge when it comes.

Rgds,

TS

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