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satish_k_y18
I have been terminated from my company with out notice and they are telling that your background verification got failed two times .But after talking with my previous employer and i have settled all my issue with them and they have reply my HR and manager in the mail that employee is correct .But now my current company is telling that we could not do any thing in this issue you have to live this organisation and they also tell me that the mail should not be directly come to us it should be routed through third party that do verification for us.
i have joined this company on 20th may 2015 and i am still in the probation period .
I told my HR please give me a mail stating that why i have been removed from the organisation but they are telling we will not write the mail please go to court we will tell you there.
please suggest me what to do .

From India, Delhi
Dinesh Divekar
7855

Dear Satish,

You have written about what your present company doing with yo but then when you left your previous company were any issues pending with them? Did you obtain your employment-cum-service certificate from them? If yes, were there any special remarks on it?

It appears that after joining, you company initiated the background verification process. In this process, your previous company gave negative report. On the strength of this report, the HR of your company told you to quit the organisation. In the meanwhile, you got the mail from your previous company that your discharge was smooth. This mail is cutting no ice to them. Please confirm whether my interpretation is correct.

In the hindsight it can be said that, you could have ensured your smooth discharge from the previous company. Had it been so, you would not have been in the soup that you are in today. For your reinstatement, you may approach the previous company and tell them to send the corrected report to the background verification agency. They must have preserved the contact details of the agency. Nevertheless, it remains to be seen how far your present company accepts fresh report and shows clemency in order to restore the employer-employee relationship.

In case if your exit from the previous company was absolutely smooth and by chance if your previous company had sent the negative report to the BGV agency erroneously then you may immediate contact the lawyer and bring stay order on your termination. You may sue even your previous company for their goof up. However, I find this possibility a remote.

As far as haughtiness of your HR is concerned, just ignore it. There are haughty persons in every walk of life and so is this one whom you dealt with.

Thanks,

Dinesh Divekar


From India, Bangalore
sushilkluthra@gmail.com
221

Besides what Divekarji has said, I feel that background verification should be done before sending the offer as is done in Central govt job offers. It is a different matter if a certificate is found wrong then later also appointment can be cancelled. But after having joined the job then terminating an employee on poor or negative background ground is not a reasonable cause.As said by Divekarji, sue the company for illegal termination and in this process when the company files their reply referring to communication of previous company's goof up, then sue for damages against that company also so that they may not dare in future to recur the wrong to the queriest.
Thanks
Sushil

From India, New Delhi
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