Dinesh Divekar
Business Mentor, Consultant And Trainer
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Sapnah
Hr Manager
Vinalvpai
Accountant
+1 Other

Thread Started by #Anonymous

Dear Friends, I was working with one partnership private firm in Bangalore. However since the Management was not proper I left the job by serving proper notice period & also completed the handover process.. I had joined a MNC company & while joining share my previous employer details.. As per process they conducted verification but to my shock I got to know that my previous firm Owner (one of the Partner of the Firm) has given a very negative feedback about me due to which I lost this job... He has done this with most of the other employees who have left his firm.
I need your guidance in taking action against this firm to avoid similar situation for others in Future..
3rd August 2015 From India, Bangalore
Dear friend,

If what you have written is true then what happened with you is unfortunate. Situations of this kind arise when between two parties, i.e. employers and employees either party has preponderance. In your case your employer has shown preponderance.

For how many months or years, you had worked in the partnership firm? How many days/weeks passed since you have been removed because of negative feedback from your past employer? If not many then approach immediately to some lawyer and find out whether you can bring stay order on your discharge. Check whether it is possible to prove the report on reference check was mala fide.

If your lawyer says that it is possible to prove, then check whether it is possible to file defamation suit against the partnership firm.

The problem with Indian judiciary is that it is slowest in the world. Slow pace of judiciary is a biggest deterrence to seek justice. However, the employers who provide feedback out of malice need to be taught lesson. Whether to do this or not is your call.

All the best!

Dinesh Divekar


3rd August 2015 From India, Bangalore
Pretty unfortunate however a very logical detailed reply by Dinesh.
Generally people do not have information to proceed ahead with legalities.
With this reply I am sure if this guy is willing and confident then a lesson can be really taught.
Best wishes.
3rd August 2015 From India, Ludhiana
Thank you Dinesh. Even I had thought of taking legal action but I can't spend on lawyers as I am unemployed now & struggling to find a job. Can u suggest if there is any organisation for women right which can help me in this case.
Answering some of your doubts. It's been 5 days I lost my job due to negative feedback. I have worked for 1 year in the previous firm. Unfortunately I did not collect my relieving letter at the time of exit.
3rd August 2015 From India, Bangalore
Dear friend,
Two important points I had missed in my previous post, hence I am giving this supplementary post.
First point is about discharge from the partnership firm. Was it under normal circumstances or you were involved in some misconduct? If involved in misconduct then did the company conduct domestic enquiry? If company conducted domestic enquiry then were you given chance to prove your innocence? Instead of direct termination, did company tell you to put in your papers?
The second point is about service-cum-employment certificate. Did company issue it? If yes, then what were the remarks for the separation? If this certificate was neutral i.e. neither positive or negative remarks then legally their position (of giving negative feedback) is not tenable. However, if they have mentioned anything negative in the service-cum-employment certificate then they have some ground to say why they provided the negative feedback.
Thanks,
Dinesh Divekar
3rd August 2015 From India, Bangalore
As I mentioned earlier I had given proper notice period by giving personal reason to relieve from the job & it was accepted...However I missed to collect the experience letter / relieving letter on the last day of work...
3rd August 2015 From India, Bangalore
Hello Vinalvpai,

WHile empathizing with your situation, I think you did a mistake in NOT collecting your Experience & Relieving Letters while moving out.

Had you had these Docs, you COULD have used them to counter the BG results.......though can't say with certainty to what extent this would help, as it would depend a lot on the HR of the new Company.

Is there any way you can go & collect them NOW....don't get into any sort of ego hangups. YOU need them more than the old Company. Assuming it's possible, suggest DON'T EVER raise the issue of what happened. Be as nonchalant as possible......I know it's tough in the given scenario, but I guess you don't have any choice. If you blow-up or even say anything adverse, it would effect you more.

Also, do you have your boss or anyone who worked there earlier who can vouch for you & your work? If Yes, talk to them & begin to use them as your References. This is one way of countering such situations.

Once you collect the Docs, try to show them to the new Company's HR & make a try.....pl be prepared for a NO. That's the Worst-case-Scenario.

Also, begin to look for another job ASAP & make sure that you make a polite mention AFTER your selection that you left the Company AGAINST the management's advice.....so you are NOT sure that the BG will come clean. Basically prepare the grounds for any negative BG later.

All the Best.

Rgds,

TS
4th August 2015 From India, Hyderabad
Dear Friend,

Better get your present job by giving the proper reasons and you will...

1) Your present employer the MNC terminated you after due verification, have they got the written verification or by phone/verbal..if the previous employer gave a wrong impression/wrongly given your other activities, that should not have been considered by the present employer, you should have been given a chance to explain the reason of leaving the previous work/employment..thus kindly go to the present employer explain the situation and without verifying the facts terminating any employee is not a good thing in the eyes of judgement.

2) If you fail to collect the experience certificate, a good organisation should have posted it to you, or call on at your phone/mobile to collect the same on these grounds your organisation seems have no concern or badly being managed..Have, your notice period served with you is sufficient enough for you to prove your innocence.

3) Your present organisation selected you after due interview or other ways of employable procedures, what make them to terminate you? Have they find you by any reasons unfit for the present job? Quite clearly it is an uncomfortable situation find out and explain them the reasons supporting with the document of evidence you are really good for the present job..

4) In a Private Sector none should be thrown out because of unfit to the previous job, they may prove their worthy in the present job provided the Organisation plan it grooming good attitude, best of luck you will get it if you are innocence...

Best of Luck....
4th August 2015 From India, Arcot
As you mentioned there were quite a few of you who left were given negative feedbacks. Can you speak to them and together you can file a case as suggested by Dinesh. It would hold more weightage.
Sapna
6th August 2015 From India, New Delhi
Unjustified negative feedback from former employer is almost similar to defamation.
Not alone your professional reputation is ruined ,but also causes financial loss.
Legal remedy is available but it will be time consuming and lengthy.Besides getting evidence to substantiate defamation will not be easily forthcoming.
Actually there is no easy way out when former employer speaks badly about you in BGV.
It is necessary to try and leave in amicable terms (as far as possible)
Probably the few people who were all given negative feedback should combine and talk to previous employer and after that initiate legal actions(last resort)
6th August 2015 From India, Pune
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