Cite Contribution
1858

Greetings,

This was a reply as received from Sonali Kapoor via Facebook

Keep your cool. Your first reaction may be to panic, deny the allegations or lash out at your former boss. There may be a number of reasons for the situation. One incorrect keystroke in a background search can bring up the wrong information. Using the word termination in an email without the word “involuntary” changes the whole scenario. A simple miscommunication can cause a lot of anxiety. Take some time to make a calm assessment and decide on a plan of action.

Ask to see the report. An employee has the right to see information in his personnel file. Look for inconsistencies and signatures and verify the dependability of the person or reporting agency. Falsifying information on an application may merit immediate termination in some companies. Resolving the situation quickly should be a priority.

Gather your own documentation. Every employee who leaves a job is technically terminated from employment. The circumstances of the termination vary widely. You should keep a copy of the termination paperwork from prior jobs, showing the termination date and whether it was voluntary or involuntary. Something as simple as using a saved file to process a termination letter for the Department of Labor with the cause already filled in from a previous employee can make the information official even if it is incorrect. Even if you were terminated for cause, there may have been extenuating circumstances. Copies of past performance reviews or farewell emails from well-wishers can help dispute the termination. Set up a meeting with human resources personnel and your manager to review the information and provide an explanation.

Explain the circumstances. You may have escaped from the worst job on the planet and an incompetent boss, but your new employer doesn’t need all the details. Keep the explanation short and use supporting documentation. If you were justly terminated for cause, admit it and stress what you learned, how it changed your behavior and your commitment to do well on the job.

Request that the human resources department amend your personnel file. Review your file to ensure all supporting documentation and the proper signed and dated paperwork is included in the file.

We thank Sonali for her contribution.

From India, Mumbai
nashbramhall
1624

Dear Nitopal,
I have followed this thread with interest. Now, I think, it's time I give my views (however outrageous it may be).
As (Cite Contribution) has said, you can ask for documents received from your previous boss. If he has committed in writing and that is contrary to the fact, then you can sue him. No doubt it will take time and cause problems. Just think about the recent case of the cricketer Cairns; he won a libel suit (in England) against Lalit Modi. Are you prepared to take that chance? If so, you will be setting an example; people will be very careful in what they say when a reference is asked.

From United Kingdom
nilotpal1984
Dear Sir, Thank you so much for taking interest in this matter.The moment I was terminated I asked the HR person to show me the feedback that he has got but he refused to give me any details as he said it is very confidential. On that day itself I mailed many of the TOP management people including the HR head of India but they have not replied anything yet.I mailed the background verification team regarding the matter but as obvious they also dint respond anything as of now.So technically I dont have any proof against anyone.
From India, Hyderabad
nashbramhall
1624

Please consult a lawyer; I live in the UK and do not know whether Freedom of Information Act (The Right to Information Act, 2005) applies to this case. Please see Employee Rights: Is it Illegal Retaliation if My Former Boss Gives Me a Bad Reference?
If you do not have any information, there is nothing you can do, but just move on. Try and get references in writing from other bosses for whom you worked in that organisation.
I sympathise with your plight.

From United Kingdom
skjohri1
84

Dear Nilotpal,
Sad to learn about your termination. As a HR man you will appreciate that annual confidential reports as well as reference checks hithertofore known as report regarding verification of character and antecedents (in the govt. and PSUs) are confidential matters and are not disclosed. I agree that in your case it has played a havoc. I personally pin little hope if you pursue the matter through legal channels, however, it will useful to exhaust the channel to consult the legal practioner in service matters and look for his advice.
Further, my advice will be to look for another job. while applying you should not mention the period of service with the employer who gave a red mark in your reference check to avoid the recurrence of a disapointment.
Please keep hope and will succeed with the lesson that never confront your employer to his displeasure.
Regards and wishing you good luck.
S.K.Johri

From India, Delhi
skjohri1
84

Dear Terry,
Whereas there cannot be any diference of opinion on the defects in the system of reference check and the problem you are in, I feel it will serve no purpose in your crying over the spilt milk and wasting any more your time and energy on the subject. You should, therefore, start looking for another job. while doing so please do not forget to camoflouge your employment with the organisation where you got the red mark.
Wish you good luck in the new endeavour.
Regards
S.K.Johri

From India, Delhi
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