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Hi, I have joined an MNC 2 months ago and now my employment has been terminated because of background Verification failure.
My previous Company's HR gave strong reviews about my Ethical behaviour. So here is the reality, this is really not an issue of my Ethical Behaviour, but HR is my family member and there are family disputes with her.
Because of that reason she is taking advantage of the her position and has started ruining my career when it comes to BGV. I've told my current employer the whole situation and also asked them if they can talk to the CEO or other managers in my previous company, but in vain.
I've informed the CEO about this, but it doesn't seems to be get resolved. Please let me know what next steps can be taken on legal front.
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Dear Ahustosh,
You say that there are negative remarks in your Background Verification (BVG) report because HR of your former company has given remarks against your unethical conduct. However, HR just cannot shoot and scoot. For your unethical conduct, was the domestic enquiry ordered and if yes, were you given chance to prove your point? Was your unethical conducted proved in the enquiry? If yes, then were you terminated from the services because of the unethical conduct?
You have written that "HR is my family member and there are family disputes with her." But then are you sure that HR of that company has thrown monkey wrench in the career's wheel or is it just your assumption? If your conduct was ethical but if she has provided false report then if this falsehood is discovered in the later stage, then she has staked her career too? Are you sure she will do that?
Has your former company issued you service-cum-relieving letter? If yes, what were the remarks for separation from the company? No company can issue a neutral service-cum-relieving letter but give negative comments in BVG report.
Anyway, give us complete facts of the case. As of now we do not have adequate information hence no further comments can be given? Also provide information about your designation, how many persons reported to you in your past company and how many persons report to you in your current company.
Dinesh Divekar
Hi Dinesh,
Thanks for the help!
I'm very much sure that it is personal grudge rather than on professional front. I can say on the basis that she has always discussed the family matters in front of everybody in the company and it has been overheard that she is gonna ruin my career using her position. My CEO and Manager are not aware of this situation, which clearly indicates her intention. She can do anything to put me down.
I left the company on a good node and I have the relieving letter for the same. And also I have spent 1.5 years in the company. If there is was such an issue with my behavior I'm sure they wouldn't have entertained me for that long.
Moreover my teammates and my Manager never had an issue with me. Now also I meet almost all of them. I'm not sure if this makes sense but I'm trying to say about my relations whether it is outside or inside the company.
I have never handled a team where anybody needs to report to me.
Dear Aashutosh,
If you have relieving letter that does not have any bad remark and before your exit from the company, if your company had not conducted any domestic enquiry, then please contact lawyer for filing suit against the company. Please check whether it is possible to file defamation suit. Ask for the damage charges also. As an interim measure tell the court to treat the Background Verification Report as null and void.
Secondly, talk with lawyer for filing suit against your immediate preceding company. Just on the strength of the report from your past company, they cannot terminate you. Why they did not issue you the show cause notice to you? Why you were not given chance to defend your case? Check whether you can approach court for your reinstatement. Also they should give you back wages till the settlement of the case.
Please note that you can do all this provided you had unblemished stint in your company. I have given my opinions based on the facts that you have mentioned. In case if your tenure was tainted, then there is no point doing all this.
As far as your family member working in HR is concerned, law has nothing to do with it. Your relative represented your company and her decisions or actions represent her company. Therefore, suit has to be filed against the company.
Incomplete Information: - I had asked about your designation and whether anyone reported to you in your immediate past company. But you have not given reply to this query. If nobody reported to you then you are eligible to raise industrial dispute at Labour Office. To know more about the procedure to approach Labour Officer, click the following link:
For the HR Fraternity: - Whatever poster has written, if taken at it's face value, then action of the HR professional who sent negative background verification report is condemnable. It is misuse of one's position as well as power. BVG report cannot be used at a weapon to settle personal score. That HR professional should have been thoughtful before forwarding a fallacious report.
Dinesh Divekar
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