Facing Termination Due to Past Employer's Blacklist: How Can I Secure My Relieving Letters?

Hi All, I have been working in a big MNC for the past 1 year and 5 months. Suddenly, one day, my manager called me and asked me not to go to the office since the background verification (BG) is red. When I called HR, they said the company I worked for almost 7 years ago is blacklisted now. I asked, if the company is blacklisted now, what can I do about it? They said they will issue a termination letter. After that company (7 years ago), I have worked for 2 big MNCs. Even though I have submitted my resignation, I still don't know the status of it since they blocked my access, but no termination letter has been received till now. I hope someone can help me. Is there any way I can get the relieving and experience letters? It's the biggest fraud company that everyone knows in the industry.

It is wrong what the company is doing in your case. You joined the company almost one and a half years ago, so how can they now say your background verification is RED? Since the last one and a half years, they know who you are and what your role and responsibilities are, even if the company where you previously worked is blacklisted. You have already submitted your resignation; therefore, they have to issue you a clean service certificate.

Please don't accept the termination letter. Instead of confronting, talk to HR and the senior management team to prevent them from spoiling your career by issuing the termination letter. They might not have expected your resignation, and if I am not mistaken, you may be a critical member of the organization, making it hard for them to accept your departure, hence the victimization.

Try to resolve the issue amicably; if unsuccessful, you may have to proceed legally. If you provided any incorrect information/documents, then you may be on the red, but if your previous company is blacklisted, especially after one and a half years, they cannot take action.

Regards, Kamesh

That your present company, for whatever reasons, has now woken up to discover that one of the organizations you worked for 7 years ago has been blacklisted, and therefore has decided to dispense with your services, is ridiculous. It is most illogical and unfair. You have stated that you did submit your resignation. Stick with it. You could also send a copy of your resignation letter (which you have already mailed to them) to your company's HR by Registered Post to validate your stand. Yes, also as suggested by someone, please do NOT accept any termination order if it is sent to you. Keep the fact of your having resigned alive, and ask for settlement of dues in full and final, at the earliest.

For any further advice on the matter, please feel free to contact me on my mobile: [Phone Number Removed For Privacy Reasons] or by email: [Email Removed For Privacy Reasons].

Best Wishes,
Vasant Nair

I have witnessed such an incident with my HR colleague but, at the same time, found her really helpless fighting against the management. On the day when you go to resign, they say it's a termination based on reasons related to your performance. I sincerely believe that employees are the right people to judge the performance of HR, and there were no employee complaints or queries. All this was happening on a very personal level with the employee, and she was issued a termination letter.

I want to know, can't we take any actions against such companies or such HR personnel?

Regards,
Supriya

I would also like to add that there were employees who, when they came to know about this incident, were willing to stand up for the HR and talk to management about canceling the termination letter. However, to avoid any issues for the other coworkers, she refrained from doing this.

Regards,
Supriya

I need your advice again. As suggested by your valuable comments, I have already sent the resignation copy last week through registered post. The very next day, I got this email. Please advise me again. Till now, there is no official letter from them.

Email Received from Employer

The email they sent is below:

Dear XXXX,

As discussed last Friday, even after reducing our BG scope, your previous employer (XXXXX) is still covered under our new BG scope, and your BG remains as RED. Hence, it would not be possible to issue a normal relieving letter.

Regards

I do not understand what your employers mean by a "normal" relieving letter. Please impress upon your employers that just because one of your previous employers has been marked "RED," it does not follow that you, as an individual employee, also have to be treated likewise. Also, impress upon them that in view of all that is happening with you, you had taken a decision to leave the company and had therefore submitted your resignation some time ago. Since you had not heard anything from your employers in this regard, you had sent a copy of your resignation by email and by Registered Post.

Under the overall circumstances, request your company's HR to accept your resignation and send you their acceptance of the same ASAP. In doing so, their purpose of delinking you is served as much as yours in a graceful manner. Ask them to settle your dues in full and final settlement and relieve you also, ASAP.

Best Wishes,
Vasant Nair

It is indeed a sad thing. I agree with you all, and very good suggestions by Mr. Nair and Mr. Dhingra. Diness, as you have already done what the other people have suggested above, now I would say that you must contact your local area Employment Commissioner/Officer or Labour Officers and tell them the whole story. You can also make a written complaint against your employer; they will certainly help you.

Till now, there has been no response from HR. Moreover, I haven't received any response for the registered copy that I sent earlier. What should I do next? I'm really worried...

Well, it seems you forgot to speak to the RPFC or Labour Officer as suggested above. You were advised to make a written complaint against your employer and to speak to them directly if you are not getting a proper response from HR (Your Employer). What did you do?

I have been trying to contact the Chennai Labour officer, but I'm not able to get an appointment till now. I have sent an email explaining all the things that have happened. I got the email address from the Tamil Nadu site...

Mr. Nair, I appreciate your answer, but it seems you may have missed something. In his answer, Party No. 1 - Dinssss, has made several attempts to communicate with his HR, manager, and superior (Party No. 2) but hasn't received any specific solution. Both parties have tried to address the issue without success.

Do you believe he can still find a solution by discussing and requesting it from them? If you have any advice or solution, please share. We would be sincerely grateful.

Regards

Dear Don, don't wait for the appointment; just go to the Local Labor Office and tell them the situation. The reason for termination is absurd and hence illegal. You have to proactively take this matter up with the Labor Commissioner. They cannot ask you to resign, nor can they terminate you on these grounds. I would suggest not tendering the resignation and taking up this matter legally before the labor court. Call me in case of any doubt.

Hi all, I followed all the advice from Cite HR, such as sending a registered post and filing a complaint with the labor office. However, I have not received any updates from the company yet. Without these letters, I am unable to join any other companies. Can someone please advise?

Thanks

Dear Friend,

Please go to the Labour Office and do rigorous follow-up with the Labour inspector. If they do not take any action on your complaint within 45 days or you do not get the resolution of your problem within 45 days, you can directly approach the Labour Court under section 2A of the ID Act and get the notice issued from the court itself. Under this section, you can approach the Labour Court very easily.

Best of Luck.

Today, I met the Deputy Commissioner of Labour, and he advised me to talk with HR since the company is not willing to provide the necessary letters due to my red background. I'm really frustrated because I have been struggling to obtain the letter. Can someone advise me on what to do next? It's been almost 4 months now.

Thanks.

Sorry, friend, for responding late. You should go to the labor court and find a good lawyer to represent yourself. Your case is very strong; they cannot terminate you on such grounds. Please also attach all your correspondences with the labor office in this regard when approaching the Labor Court. They will have to pay you compensation for the hardship caused to you.