I was charged with IPC 384, and the same has been acquitted. I was once evicted by the company before I got acquitted. Now that the case is disposed/acquitted, can I apply for a job? Please let me know if the above will be a problem for applying for a job.
From India, Bengaluru
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From India, Bengaluru
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It is not clear whether the poster was fired exclusively because of the pending criminal case. If so, on the basis of the later acquittal of the charges by the court, he can claim reinstatement with back wages and continuity of service from the previous employer.
Even if the employer offers reinstatement without back wages, thereby rescinding the earlier orders of dismissal, that would go a long way as regards his future employment elsewhere. Otherwise, the stigma of earlier dismissal would affect his employability in case of background verification.
From India, Salem
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6108Even if the employer offers reinstatement without back wages, thereby rescinding the earlier orders of dismissal, that would go a long way as regards his future employment elsewhere. Otherwise, the stigma of earlier dismissal would affect his employability in case of background verification.
From India, Salem
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Sir, with regard to the previous comment, yes, the company found out that I have a pending case against me. However, considering my future, they did not cite that as the reason for my termination. Instead, they coerced me to resign for my own reasons and then let me go.
Now, the question is, can any company refuse to employ me because I had a criminal case for which I was later acquitted?
From India, Bengaluru
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Now, the question is, can any company refuse to employ me because I had a criminal case for which I was later acquitted?
From India, Bengaluru
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Dear friend,
Your use of the phrase "was evicted by the Company before I got acquitted" gave the impression that your services were terminated by the Company and that there existed a causal connection between the termination and the pending criminal case. Despite the existence of such a causal connection, your termination of employment is not dismissal but only resignation as per the record. Therefore, officially, your past employment record is okay.
However, I think that you are still haunted by the way your previous employer viewed the alleged criminal offense and the consequent criminal case. It is nothing but just a case of once bitten, twice shy. Now you stand fully acquitted of the criminal charges by a competent court of law, and the case is over. As of now, you are not convicted of any criminal offense, nor is any case pending against you. Therefore, there is no necessity for mentioning this in the application for any job.
From India, Salem
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Your use of the phrase "was evicted by the Company before I got acquitted" gave the impression that your services were terminated by the Company and that there existed a causal connection between the termination and the pending criminal case. Despite the existence of such a causal connection, your termination of employment is not dismissal but only resignation as per the record. Therefore, officially, your past employment record is okay.
However, I think that you are still haunted by the way your previous employer viewed the alleged criminal offense and the consequent criminal case. It is nothing but just a case of once bitten, twice shy. Now you stand fully acquitted of the criminal charges by a competent court of law, and the case is over. As of now, you are not convicted of any criminal offense, nor is any case pending against you. Therefore, there is no necessity for mentioning this in the application for any job.
From India, Salem
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Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf
W.c.In the course of employment-case law.docx