Anonymous
Can I be caught in a background check if I was terminated from a previous organization and filed a court case on company ?
From India, Amritsar
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Pvenu1953@gmail.com
Retired Government Servant/advocate
Nathrao
Insolvency N Gst Professional
KK!HR
Management Consultancy
Manish_query
It Engineer

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KK!HR
1342

There is every possibility for it and you can keep ready your part of the story.
From India, Mumbai
nathrao
3106

What have you told the new company?
Have details of previous employment been honestly and truthfully been shown in your job application?
The purpose of background check is clear-find out and verify the details of new employee.
If you have been terminated improperly and without following due procedure,dont hide it from new employer.
From the word used by you "caught" gives an indication that you may not been fully forthcoming about this matter

From India, Pune
Manish_query
All the documents are healthy. They haven't wrote anything about termination or any disciplinary action (which was not exist at all) in service/experience letter. So confused what to mention to next employer.
From India, Amritsar
Dinesh Divekar
7554

Dear Manish,

Your last company terminated your services. You perceived the termination as unfair or illegal and have challenged the termination.

What is the role of the judiciary? What is the role of the courts? When the disputes are irreconcilable, these are settled through the judiciary. In democratic countries, whether these are partially free or completely free, the governments create the justice systems so that the discontent does not remain in the minds of the citizens.

You have filed a suit and you are the plaintiff. If your future company asks for specific information on the involvement of the court cases, then nothing wrong to disclose the details of the case. However, refrain from voluntary disclosure.

Though there is nothing wrong with adjudication as such, the problem with the HR professionals and top leadership in India is they perceive the persons who approach the court as trouble-makers. How to address the apprehensions of future employers will be a challenge to you.

Thanks,

Dinesh Divekar

From India, Bangalore
Manish_query
Thanks Dinesh , My basic question was and future employer get such information out of background check i.e. termination and court case ?
From India, Amritsar
Manish_query
Thanks Dinesh , My basic question was can future employer get such information out of background check i.e. termination and court case ?
From India, Amritsar
Dinesh Divekar
7554

Dear Manish,

I have answered your "basic" question. If the future employer specifically asks about your involvement in the litigation then you need to disclose. Otherwise better to keep quiet. Even if they do the background check of the court case, you have a defence to say that you were never asked anything on the court case(s). You have replied to the questions asked.

In case, if the future employer asks for the information, whether on the court cases or otherwise, and you withhold a certain piece of information then it is called "suppression of information". If the suppression of information is discovered during BGV then you are liable to be questioned or even disciplinary action. Otherwise, everything is fine.

Thanks,

Dinesh Divekar

From India, Bangalore
pvenu1953@gmail.com
115

There is nothing improper in that you had approached the Court of Law against your ex-employer, but any non-disclosure of information as to previous employment, as specifically sought, amounts to "suppression of information" and could be viewed as lack of integrity.
From India, Kochi

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