Law Practice
Olarinde Obajuluwa
Talent And Development Management
Recruitment/talent Acquisition, Career Counselling
Learning & Teaching Fellow (retired)
Premkumar Nair
Manager (hr)-retired
Eswararao Ivaturi
Ex-manager (pers&adma)
+2 Others

Hi All,

I am male employee working in the one of the top most software company.Recently i gave an interview in another top most IT organization & the offer letter was issued to me.

I resigned from my current organization and started to serve the Notice period.After

serving few days of notice period,my offer letter was withdrawn by the company which has offered me the letter saying that they received the unsatisfactory background check.In my current organization i had a issue with one of the project manager(He is not my manager)

and issue went to such an extent that i was called by HR Department, where i putted a complaint against him. After that a more tiff was created between me and that project manager. He is a very powerful manager as he has obliged many senior official & fellow managers in the company by recruiting their candidates.He use to encourage his

subordinates to abuse me, so that i should quit from the company. I have realized over the period of time that quitting the company is the best solution, so i finded the another job and resigned from the company.Once i resigned, he told me that he will not let me work anywhere. He asked his subordinates to find out through their freinds that whether i have given interview in their company. After few 20-25 days i got an email from the employer that background check has failed.So what should i do in this case ???
20th October 2013 From India, Delhi
Dear Candidate,
These things are common in the corporate world, you have face with thick skin, please personally visit the new company and understand what background they received, it is better to be open and explain your current situation. It would have been wise, if you had informed them your rift and the reason for the same. Now that you can do little, but ensure that you clarify and get this resolved, so that in future you are careful.
All the best and wish you good luck
Best Regards
Dolphy Goveas
20th October 2013 From India, Madras
Let this be lesson for other members, who are thinking of quitting a job and not disclose the reasons at the time of the interview. Also, it is a sincere advice to bloggers to never antagonize a boss or co-workers, etc. We never know who knows whom.

Let me give an example. A friend narrated me this incident. He had left an organization and went to teach in a college. After about a year, his ex-boss went for an interview (after doing his Master degree) for a lecturer post at the same university. He met the ex-boss and they were chatting in the corridor. The Dean of the faculty had seen this and during the break in the interview session, he called the staff and asked him how he knew the candidate and what they were talking about. My friend was not treated well by his boss, when in the previous organization. This was the chance for him to get back at the boss. He told the Dean that the discussion was about Business Policy (BP)as a topic and that the candidate did not know much about it and was asking him whether BP and Strategic Management were the same, etc. The candidate did not get the job.

There are many instances where a person quits a job, as (s)he did not like the boss, and finds another only to find that the ex-boss has also joined the organization and (s)he has to work for him/her.
20th October 2013 From United Kingdom
I fully endorse views expressed by Mr. Nashbramhall.
What I was suggesting whether there can be an association or forum to which issues such as employee leaving in-between a project, employer not relieving his employee and verification report negative and alike can be referred to? So that, there is a complete transparency of the affairs.
20th October 2013 From India, Kolhapur
Hi All, I just wanted to know, is this harrassin

g a subordinate by an indivisual who is following unethical & corrupt practises.Only if a person is sitting higher up in the heirachy does that mean he has got all the right to harrass & abuse you.As per the company polic

y nobody is allowed to put up the comments about an indivisual in other companies. Everthing is confidential so how can he ask has his subordinates to go after & destroy my carrer.I will like to add further points about that

project manager & the practises that he has been following: 1. He use to do the recruitment which is fake (Candidates having fake experience). One of the known candidate which he has hired was having fake experience & was caught by the company after 2 months of Joining.But he protected him & allowed him to continue until that person has found another suitable opportunity. 2. He himself was having 1 year fake experience certificate basis on which he has travelled to usa (which is illegal) as he has obtained the visa by using the fake experience. So i just wanted to know if he is a manager does he has right to abuse you & deny you the fundamental right of livinghood.I just dont wanted to work in a company(particulary a division) where there unethical & corrupt practices are followed. Should i file a case against him for defamation & harrassment.
20th October 2013 From India, Delhi
While I appreciate the predicaments in the current scenario - A Global Village where every body gets to know about others - such type of mudslinging affects the whole like of the affected people. While a person may commit a mistake or may not suit a culture of a particular organization, he should be let go, least without any slur so that he could lead his career else where. This would indeed provide an opportunity. We have not right to dictate the way of another and especially it affects his whole career prospects.
Leagally speaking, a company withdrawing an offer post issue, merely based on background check is not right. Neither is it a fair means. vasudevan
20th October 2013 From India, Mumbai
Dear Anonymous,
Don't do anything of that kind. As suggested by ms. Dolphy, if u can, meet the new employer and clarify. Else search for jobs elsewhere. Simultaneously, if u hv any proof, expose him of his illegal and unethical activities.
Best of luck.
20th October 2013 From India, Mumbai
Dear Vasudevan,
We do not live in a ideal world; in the real world, so may atrocities take place. I was only giving examples from the real world.
In this particular case, the person can take legal steps provided he has the money to spend and patience (The court cases take a long time to bear fruit.).
20th October 2013 From United Kingdom
Dear Nashramhali,
I am unable to appreciate your views as a legal remedy does not lie always through a court of law. Every organization has levels of escalation and at least
the top level of any reputed organization look at an issue from a broader perspective. Ideal world does not mean giving up once rights or remedy altogether.
I would appreciate a forum like where a person looks for a remedy should guide a solution rather than advocating a submissive approach.
20th October 2013 From India, Mumbai
Hi Vasudevan,

I will like to add further to the note. Earlier he was threatening that he will defame me through social networking site. He asked his subordinates to go after me & try to obtain a negative feedback from previous employer(Which was another Top IT Company), so that i should be terminated from this company. Upon his direction his certain subordinates went to my previous organization through social networking site, but they failed to get any negative feedback as in my previous organization all the work ethics were followed. I warned him that what you are doing is completely unethical & against the working policy of this organization & also against the law, as defaming somebody through social networking site is a crime punishable by law. I even notified this to concerned HR, but she asked me what proof do i have that he has done this.All the conversation that was confidential with Human Resource Department, was leaked to this Manager.From that day i have lost the trust in the management of this company.I decided to quit this organization, but he is not even letting me to quit the organization.He is suggesting me that the only alternative you have is to commit suicide.If i file a complaint against him, then there can be repercussion that my whole career will be destroyed.

As you must have seen in the past that there are so many corporate scams that coming to highlight these days. These scams do'nt occur overnight , they are initiated long time ago , but they burst after sometime. It is the people like him who oblige the other people , get the full support of these people whom which they are favoring, even put the relatives in the Human Resource department & if anybody resists or complaints they are badly crushed. Some technical project managers have become so much smart particularly in the software companies that they have started to get their relatives hired in the Human resource department & they are virtually controlling the full organization through them.
20th October 2013 From India, Delhi
Hellow, Anybody can slap on theface but not stab on the back.In my view if you proceed legally, this will be further obstruction in getting the job.The new company might have given the reason while withdrawing the Appointment order. Otherwise you are
having right to know it.
Based on that you can take
an appointment from the HR
Executive or the concerned
authority and explain the
situation. During your
discussion with the new
company you can assure about your workmanship and
loyality etc. I think this
will solve your problem.
Otherwise this will help
you to proceed legally.
However, better to take
proper legal advise before
Best wishes,
Eswararao Ivaturi.

21st October 2013 From United States, Cupertino
Donít Get Mad Get Even read up on PSYOPS (Psychological Operations)
21st October 2013 From Singapore
Dear Anonymous,
I agree with Dolphy, you should go and meet the new management and request them to share the information with you, after which you can explain the situation to them, do not worry of the outcome. However westernised we become one thing remains unchanged i.e do your job without thinking of the results. whatever happens happens for the best.
Secondly if they share the information with you please approach your present higher up and brief them your experience again telling them the same thing in a positive approach.
Whether you continue the same job till you get another job or you quit this, should be your own decision. Opportunities keep coming but compromising with your self respect at any cost is not acceptable.
All the best
Karuna Jadhav
21st October 2013 From India, Mumbai
Hello Anonymous!

Many opinions are jostling to e said from my head but I will go straight to the one that I think will give you a respite on this issue and that is recruitment procedure and legal redress. I am assuming that if it is escalated on a legal ground, many hidden issues will be uncovered and you will be vindated hence not find it difficult getting another job in the industry.

Procedurally, no reputable company will give out an employement letter before completing a background check. If it happens, there will be a clause in the letter stating that 'if our background check turns out unfavourable we will terminate the employement contract forthwith' Do you have that in your letter? If no, legal option is wide open for you to pursue. If yes, legal door is closed.

Pursuing the issue legally will vindicate you, clip the wings of this manager and send out signal to his likes that they are not God! Additionally, it will get the recruiters to be prudent in their recruitment drive.

I will advice that you take the legal option and seek damages because it was the offer of employement letter that made you to resign from the former company where you were gainfully employed!

I wish you luck

21st October 2013 From Nigeria
Hi, It is written in every offer letter in india. ('if our background check turns out unfavourable we will terminate the employement contract forthwith')
21st October 2013 From India, Delhi
Based on some facts given by you here, my advice will be as under

1. If your current organization where you are serving Notice Period has not yet issued a letter accepting your resignation, send them a letter withdrawing your resignation. Legally an employee can withdraw the resignation and your HR Dept will know this.

2. Send a letter to the new organization, copy marked to CEO, stating that you have been put into hardship by withdrawal of offer after you have submitted resignation.An organization can withdraw an offer only if there had been misrepresentation of facts. For example, if you have specified your present employer is A and if you are really working with B, then they can withdraw the offer. Similarly your qualification or claiming that you have worked in an organization for a particular period whereas you have never worked there, are instances where an organization can withdraw the offer.

Based on some statement by your current employer regarding your performance etc, offer can not be withdrawn Send a well drafted letter which should highlight the mistake committed by the new employer. However, if you have hidden any facts, regarding your qualification, employment history then think twice
22nd October 2013 From India, Chennai
Hello Anonymoususer2013,
Like a few other members suggested--now-a-days, every Offer Letter, especially in the IT sector & MNCs contain the Background Clause & the consequences of unfavorable BC results. Many companies also mention it in the Interview Process.
Ignorance of the process is no reason for a unfavorable view of the consequence(s).
Coming to the facts of the case that you mentioned.
1] You say that this PM is NOT your Reporting PM. Then where was the need to go all-out against him, in the first place? There do seem to be other facts of the scenario that you have missed/omitted to mention.
IF you wanted to be a whistleblower, nothing wrong in it per-se. BUT I think you forgot to take into account the consequences. Just watch the TV for a couple of days & you will know what this entails--that's part of the game for any & every whistleblower. In a single line: Life IS NOT a bed of roses for any whistleblower.
2] Coming to your remarks about what the PM has done/said is right or wrong, etc--pl note that what the other person [in this case it's your PM] says or does IS NOT IN YOUR HANDS/CONTROL. What's in YOUR control is YOUR RESPONSE to it. Suggest focus on that aspect of your nature. The very fact that the PM has gone to such length as to mention that he will ruin your career says a lot about the quality/type of interactions you had with him. With a simple visualization, I presume your PM--to whom you are reporting--WOULD HAVE suggested you to keep away from this guy.
IF you assume that I am suggesting you should have just ignored whatever you mentioned this other PM was doing--YOU ARE WRONG. There are multiple ways in which one can RESPOND--including resigning coolly without raising any stink, UNTIL the timing is right--since THAT'S WHAT is in your hands.
As regards going the Legal way, I am not sure what would you be achieving by taking that route--except feeding the advocate for a few years AND spending a few years of your time in pursuing the case. And in the end, there's NO GUARANTEE that you will get what you wanted when you began the case. It's YOUR priority that decides what you do--this would seem to be a case of thinking thru THE HEART when you ought to be THINKING THRU THE HEAD.
3] Now how to handle your new job situation. Dolphy has given an excellent suggestion--just meet the HR of the new company & explain the facts of the case. In fact, you should have made it a part of your interview process itself--every recruiter asks the reasons for changing the current job--WITHOUT sounding antagonistic towards the PM or the present Company, you COULD have given the actual reason. Most recruiters understand that such situations do occur & IF they are convinced that you are speaking the truth, they will devise ways to hire you--presuming your technical rounds have gone off very well [Obviously, if your Interview Performance has been just average, the recruiter may not find it worth his/her effort to help you].
In case this new job doesn't get revived, suggest look for other jobs--and make it a point to BRIEFLY mention the REAL reasons to change during the interview process.
All the Best.
24th October 2013 From India, Hyderabad
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