Nathrao
Insolvency N Gst Professional
Cite Contribution
Community Manager
Riteshmaity
Labour Law Advocate
Rathi57
Consultant

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Scenario: Employee asked to resign on the spot by company because his degree is found fake as per background verification by company. However, when the employee get the verification report, he didn't get the chance to prove the facts. If employee (Ex) proves that the degree is not fake. Can a company background verification process be challenged (Legally) ?
From India, Delhi
Did the company dismiss the employee stating that he has produced a fake degree? If it is there in writing,company can be challenged in court of law.
From India, Pune
Producing fake documents (is a criminal offence in itself I guess) and misrepresenting one's degree can lead to misconducts. However, such misconducts should be proved holding a domestic enquiry giving the employee a fair chance considering the principle of natural justice. Otherwise, a direct termination on the basis of report of a verification agency (don't know about the authenticity of the verification agency though) would make the termination illegal if challenged in the court of law.
Check my blog at www.labourlawhub.com for more details.

From India, Kolkata
Greetings,
This is a royal mess! Background verification works on very stringent rules. Hence, often doesn't allow cross verification with the candidate.
In this scenario, as Nathrao have stated, this can easily be challenged, if the employer have written down the cause for termination.
Please share if you are the HR to the firm or someone related to the candidate? We can suggest you course of action accordingly.
Looking forward to hear from you!

From India, Mumbai
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