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Hi All,

My friend is facing a unique situation and need your views/suggestions on this. He was working with a top MNC for 6 years and unfortunately had a very bad and revengeful manager during his last year of tenure. Manager was trying to find fault with him in some way for a long time and jealous of his success and finally trapped him in a policy violation issue on over billing report.. He was unaware of the policy as he was billing from a long time and no one cared to inform him about the policy even once or warn him when it happened first time. Even though all the reports were approved by management in the department, before reaching finance dept. He was unfairly made a scapegoat during an audit to protect the management. He was fed up working there with all the politics and resigned. After resignation, he was informed by HR verbally that he has violated policy and will be relieved immediately, without even serving notice period. He didn't get pay for notice period but got experience letter after recovery of the billing amount.

Now h tried applying to same company from a different branch after 7 months and the HR there has told that he is not considered as his file is marked "No for rehire" and termination. He was shocked on hearing this as he was not given any termination letter.

Is marking employee like this legal and fair ?

How long do companies usually keep personnel records before deleting them? Does this mean he can never apply to any other dept in that company?

What information is HR legally permitted to reveal during background check? IF he says to other employer that he resigned and in background check they say termination and policy voilation, this will be a huge problem for him.

What action can he take in this situation?


From India
Dear Anonymous,
Feel happy towards that your showing concern about your friend's career.
I have doubt as per above conversation, your friend treated as scapegoat by the manager why did not your friend informed the same to the above carder of the bad manager? or else the same to convey the HR - Departments.
It means your friend was accepted the policy violation.
Its not good to apply for the job to the resigned company.
In addition, now a days every organization are maintains the employees's database in data base so they are finding out the employee information by his career experience.
Advise is that keep trying to apply for the other companies.
Best of luck..

From India, Hyderabad
Your friend needs to write to top management explaining the whole matter and see that such negative remarks do not figure in his employee file or data base.
The problem with such negative remarks is whenever a good company tries to hire they may do a background check and find that he is marked" not for hire",then automatically a question mark may arise which the employee will have to fight to clear the circumstances of remarks.
Copy of letter to top management of previous company should be kept as file copy for record purposes.
There is no escaping such incidents,but all one can do is to maintain a positive outlook and show his expertise in work.
Office politics has ruined many peoples careers or at least peace of mind.

From India, Pune
It is desirable not to go back to the same co. which framed him. All that what he could do now is, if he has been really of caliber material his deeds should talk there. Also as others suggested send out the complete story to many of his (to whomsoever possible) narrating how he was framed by his jealous Mgr. and why he took a decision to bow out in disgust and suffocated. Reg.notice pay he should fight it out and get it.
From India, Bangalore
Since your friend believes that he has been unfairly victimised, why he is keen on going back to the same organisation. Are there no other companies in India or in this world ? Let him apply for other companies. If he is talented, if he has the skill, attitude and experience, other companies will be happy to hire him, may be with a hire salary.
Best wishes

From India
Thank you all for your advice. Mr Ashok Negidi, there was no point mentioning this to the above cadre management in India or to the HR as everyone was playing the game to save their skins. The HR was also playing along with manager rather than to Employee.
Mr. Sundaram, He tried applying to another department because the company in itself was good but it was the persons in his Team/Dept. that were corrupt.

From India
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