Can My Employer Terminate Me Based On Third-party Verification After 1 Year? - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Hussain Zulfikar
Hris Implementation, Payroll, Recruitment,
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Nashbramhall
Learning & Teaching Fellow (retired)
+1 Other

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I am working almost 1 year here.

I'm hard working, client appreciation I got.Hence,I got good feedback during my appraisal.
And I've recently received appraisal letter .

And now my project management has started to talk around me....threatening me indirectly that they'll terminate me soon and won't provide me releaving letter also. I m married woman and have family.

My questions goes like below:
Q.After 1 year work,after receiving good rating,excellent feedback,appraisal letter and hike related letter can my employer terminate me by giving the cause like that during my joining before 1 year ago i provided fake project experience?

P.N.: prior to my current organization, I worked sufficient time in a very reputed global big brand...

My project management is about to claim it that i've cheated the organization and according to them they've done deep thorough investigation about me and they'll come to me with strong evidence soon to terminate me out of the organization.

I am no expert in law, nor I know the situation in India. In general, if a company has decided to get rid of a person, (s)he can't do much to save the job. However, if their action is unjust, one can fight for compensation. Please send a mail to Madhu.T.K. and he will give you better advice.
Have a nice day
Simhan
Learning and Teaching Fellow (Retd.)
The University of Bolton, UK.
"It is never too late to learn or improve oneself"

I do not know. Kindly put Madhu.T.K in reSearch Box and you will find his posts. By clicking on his name you should be able to send him a private message.
Hi Did you fake any experience on your CV ?? to get this job. Check your offer letter or employment letter clause for misrepresentation of facts.
All company experience is genuine on my resume.
Only thing is: represented project data as per requirement which many employees do in IT field to get job.
In my first company, i did both development and testing in projects as a fresher trainee.
in my current company i m working as tester.and i am a very good performer here after 1 year my current company is threatening me to terminate me anytime by showing cause like:
i. 'u were developer in your first organization, but not tester.you've faked project data in resume.'
can company terminate a female employee by showing such cause?

Hi

Well reference to your post, usually there is a clause in employment offer that, if at any given point company discovers that there is any falsification or intentional misrepresentation of facts by the employee regarding - qualifications, certifications, previous work experience or during current experience, company has the right to take action as deemed appropriate by the management, which may include penalty such as no increment, no bonus or withdrawal of certain benefits or termination of service depending on the severity of misrepresentation. Some companies are strict with such cases and some companies use alternatives. Depends on the management style.

In some companies when management comes to know of fake experience or qualification, then company adjusts the employee in different or approriate role as per actual facts, this may be a demoted position, role or grade, decrease in pay grade, withdrawal of certain benefits etc. this usually happens only when employee is an exceptional performer or having confessed truth during the employment tenure. again this usually remains at the descretion of management.

However in any case, management has to give in-writing to the employee the offense for which termination is issued, explaining in detail.

Regarding reference check during joining, this also depends on the company management, I have come across situations where, candidates have successfully drafted fake experience with back up story, and arranged phone numbers , E mail IDs and Reference person to testify the fake experience. usually with non branded company names, local enterprises etc. A reference check at any point of employment tenure is acceptable practise.

Hello employee09,
Hussain Zulfikar has put very clearly reg the possibilities & options.
However, pl note one thing: You won't get any exemption or leniency on grounds of being a woman or married. Suggest don't mix-up issues vis-a-vis the actual facts & Company policies.
Coming to your current situation, since you mention that you ACTUALLY did both Development & Testing roles in your earlier Company [while your PM says--'u were developer in your first organization, but not tester.you've faked project data in resume'], pl check out how did he/she come to this conclusion after 1 year. Was any Background Check done?
And can you check if any of your earlier Bosses [NOT just HR] still work in your earlier Company? If YES, suggest talk to them & give their references to the present company IN WRITING thru a mail.
If they can corroborate what you mentioned in your resume, I don't think you need to worry a lot.
Rgds,
TS

Hi
In your case, First ensure your defense. if you have a strong explanation of facts and turn of events, then draft your defense and present or discuss with your manager, take your manager in confidence and if you feel he / she is convinced on your side then present the defense to HR dept (if any) or management representative.
if this discussion is not fruitful, and your company wants you off the rolls, there is very little you can do. Do not worry or panic. negotiate to get a clean exit with all relevant papers and ensure atleast neutral feedback on further reference check.
Seek another opportunity with an open mind and clear your facts in interviews with diplomatic answers. focus on your strengths and skills, do not get disturbed with this events. look forward to a new begining.
Hope this was helpful

My project management has not told me anything directly yet.
But my manager's manager on daily basis threatening me indirectly and throwing professionally harassing comments.
My first company is a very reputed,globally reknowned brand.And,i do not think that they've given any wrong info in background verification.I believe their full cooperation.
However,in my current company===>due to some politics...my project management wants to throw me out of the project...but as my performance is good so they're not finding any reason to throw me out...however, they're horrifying me by saying all these indirecrly..
but i am honest,and have not faked anything..so i hope nothing worse will happen with me.
thank you for all of your helping suggestions..

I think they are putting indirect pressure on you to quit, thereby they do not have to pay compensation.

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