Sanjay.patel
Hr Executive
+4 Others

Hi,
I have one case in which my relative has been terminated due to background check failure.
They just called up and told that he will be terminated.
She has worked for more than 20 days for this month in the company. But the employer now refuses to settle this 20 days salary .
Also, No full and final settlement is being done. Can this be taken to the labour court so that atleast 20 days salary is recovered.
pls reply on urgent basis.
26th February 2014 From India
Dear RAJESH,
Pl give complete details of the issue to help you in this matter.
It is confirm that no employer can stop fnf of any employee. Even in case of termination of any employee, employer needs to process fnf of employee who is being terminated.
26th February 2014 From India, Mumbai
Hi,
Not sure what details are required more here but some to my knowledge below ..
Background check has failed w.r.t previous employer where he was supposedly working.
They are saying as per companies policy, incase of termination no compensation will be given even in case you had worked for 25 days in present month.
Also, I suppose when anybody is terminated they get atleast one month salary as compensation .
In his case, he is not getting the 25 days salary she has worked for , forget about an extra one month salary compensation.
Hence, he is thinking of taking this to labour court..
Also, Can the company file any case against him for BC check failure once he is going to labour court just for sort of revenge against him
27th February 2014 From India
Dear Rajesh,
Generally companies do full background ref check before making an employee to join the organisation.
Please check the gravity of this falsified information provided. Was it from the CV? or from the form which the employee must have filled with the organisation with signature?
You have not mentioned as what kind of background check has come negative. It could be work experience, remuneration, designation, profile etc.
If the information was largely misrepresented deliberately then accept this mistake and take it as learning.
If there were some minor deviations, like performance feedback, behavior feedback, skill & attitude feedback then you can discuss with your current employer.
Evaluate properly, make sure that no falsification of greater extent, like tempering of documents etc.
Please share more details about the reason for background check failure.
Thanks-
28th February 2014 From India, Delhi
Dear Rajesh,
Maximum Companies are getting the employee verification before processing of offer letter incase if any employee is active in previous organization and getting the offer letter from new employer while new employer is clearly communicate by retain in offer " This offer is Valid subject to positive reference check" from previous organization.
In case any employee have got the offer and join the company before doing the further process when he is not eligible for F&F of new employment.
Regards
Sanjay Patel
28th February 2014 From India, Khopoli
Dear Rajesh,

As has been mentioned by others, most companies conduct thorough background checks. Continuance of employment is always subject to a clean background reference check.

Also, it is pertinent to point out, that obtaining a job by giving a false declaration or by providing false (incorrect) information amounts to misrepresentation of facts.

For your information there are Court judgments to this effect as well. Recently the Supreme Court also upheld the employer's right to dismiss its employee for giving a false declaration at the time of joining (Refer judgment of Supreme Court in "Daya Sankar Yadav vs Union Of India & Ors" dated 24 November 2010 given by a two Judge Bench).

To your question whether the company can file a case for failure of the background check. My view is that the company would be well within its rights to claim, as its defence, that the job was obtained by false pretences and hence they terminated the employee. I am not sure whether wages for 20 days worked would be payable or not, primarily because the employment would have been conditional upon a positive background reference check. You also need to be cognizant of the fact that the company may choose to make an example of this case and fight it out in court till the bitter end (which could turn out to be very expensive for your relative) just to demonstrate to its existing and prospective employees that they do not tolerate any falsification of information.

For what it is worth, I would suggest that it might be simpler to move on and look for another employment opportunity instead of litigating against the company.

Regards

Raju Bhatnagar
28th February 2014 From India, Bangalore
The Company should not have given offer letter without getting a +ve report.It is not proper to appoint a person and fire him later on -ve report,especially when the employee was previously working somewhere.
Varghese Mathew
09961266966
1st March 2014 From India, Thiruvananthapuram
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