Facing Job Loss Over False Feedback: How Can I Prove My Honesty to My New Employer?

nilotpal1984
Hi Seniors, I have joined an organization, and after 15 days, the HR called and said that in my background verification, they have found something which is RED. So, they again asked me to submit a few other documents which I have already submitted. I did not have a good relationship with my manager at my last job, and he told my new company that I was forcefully asked to resign, which is completely incorrect. I resigned on my own, and I have all my relieving letters as well as the F & F statement. Moreover, I reported to their managers, but my new company asked for information from only one of them. Furthermore, I have worked for 4 companies, and my record has always been good. Now, I am being terminated without being given a fair chance to prove my honesty.

Now I am jobless, and I really don't know what to do. I would request if anyone can help me out so that I can stand up for myself in front of the company.
raja_gopal
Background Screening and Employment Verification

Some background screening agencies verify employment history. Last time, you worked for four companies. However, the candidate did not provide any proper information, which is a negative aspect.

Regards
nilotpal1984
All my education as well as my employment details are original, and I showed the company HR all the original documents when he asked me the same. Request your help in this regard, Sir.
Cite Contribution
Addressing Background Verification Challenges

I have to start with the bad news. Many times, a background verification ends up with hearsay rather than an objective consideration of facts and data. A personal comment from a former reporting manager can often carry more weight than the scores and rankings received during employment.

However, the extent to which this impacts you reflects the mindset of a potential new employer. While it may seem like a futile suggestion, I recommend that you stop overthinking this and start applying for new jobs. This time, bolster your references with recommendations from industry leaders and reputable individuals. Feedback from your professors can also be valuable, especially if it relates to the role you are seeking.

Reach out to every respected leader you have worked with and request a recommendation letter. These letters should go beyond your current or past employers. Additionally, highlight any volunteering or support initiatives you have been involved in.

While these efforts may not completely negate any negative feedback, they will emphasize your strengths more prominently. I hope this advice proves helpful. Best of luck to you!

Regards
kaushikbhowal
Flaws in Background Check Systems

This particular case highlights the flaws in the system of conducting background checks. It is absurd that a person is being unfairly criticized because their ex-reporting manager did not like them and provided negative feedback. This is grossly unfair. Organizations should be more objective in judging people and should not use faulty parameters to decide an employee's fate.

Regards
TerryNo2
Dealing with Defamatory References from Former Employers

This kind of thing happens a lot and needs to stop. A manager dislikes a former employee and gives a bad reference, making it hard to be accepted at another job.

Understanding Defamation in Employment References

One key issue is what the former manager actually said. If what he said is defamatory, i.e., untrue and made maliciously, then he could be held legally accountable for it and required to compensate you for any damages resulting from his behavior. The damages you may have suffered if what he said was defamatory will include your loss of earnings from your new employment until you secure a new job.

Challenges and Considerations

The challenge with this situation is that taking action against the manager can be costly if you need to consult a lawyer. However, people with malicious behavior need to be addressed. They can't ruin people's lives just because they don't like them.
Cite Contribution
I echo your concern. However, I am yet to find any solution to it. As you have mentioned, legal assistance would go too far, often without any result. The statements made by the managers are so open-ended that there might hardly be any point to test upon. Feedback about attitudes is extremely vague. Until and unless there is a direct comment botching up a real incident, such as the one in question, "employee was fired even when it was a clear resignation," it would remain far from being testified at the court of law.

Regards,
nilotpal1984
Background Verification Concerns

Thank you, Madam, Kaushikbhowal Sir, and Mr. Terry, for sharing your valuable thoughts.

I agree that the reporting manager's comment matters significantly. In my case, I used to report to two managers before this new manager joined, and my rapport with these two previous managers is good. My question is, when they verified, why did they rely solely on the last manager's comment and not consider anything else? Furthermore, the HR from the company where I joined told me that I was forcefully asked to resign, as stated by my manager, which is completely incorrect because I resigned on my own. I also received my relieving letters and an F & F statement. My point is, if I was asked to resign, why would the company provide me with a relieving letter or anything similar?

I am aware that just fighting this matter won't help me, and I need to find a job as soon as possible. However, this issue is not just related to me because it might happen to anyone at any time. Moreover, I think if the company is so strict about their verification, they must do it before the person joins. Once someone resigns from their services and spends almost a month in the new organization, and the new one does these kinds of things, where will the employee go, and what about their career and future?

Regards.
skjohri1
I am in agreement with (Cite Contribution). Please start looking for a fresh job. While doing so, please do not mention the current job in question and also take care of the one where you received the red mark.

Legal Considerations

Entering into a legal battle against the one who gave you the red mark will be an expensive and unnecessary process. However, you may want to write to the concerned person, explaining your side of the story leading to your resignation from that organization. Request him to provide a correct picture during reference checks, emphasizing that there was no personal enmity between you and him. It would not be beneficial to provide a negative response during a reference check. Please ensure that the language used is proper and courteous.

Clarifying Your Position

While applying elsewhere, during interviews or similar interactions, you may share the aforementioned letter to clarify the facts from your perspective.

Good luck.

Regards,
S.K. Johri
nilotpal1984
I have already started searching for jobs, as is obvious, but I just wanted to raise the matter as it might hamper anyone in the future, including me. After my termination, I emailed many of the people in the top management as well as the HR country head to verify the matter once again and also give me the exact reason for my termination. However, it is really sad that to date I have not received any response from their side.

Another thing is that, as far as I think, one should go by the majority. I have worked for a total of four companies, but they only seem to focus on the negative aspects of one, which is also false. People might have issues with their seniors, and I admit I had issues with my manager, but my work performance was always good.

I believe that if God graces me, I will get a job soon. However, I think it's a matter of justice, and that's why I have approached this site, as I have always used it for reference.

Thank you.
Sutapa Sarkar
I can suggest one thing that might help you. Never run from any bad situation like this; it may occur again and again. So, try to fight first for your right.

Steps to Address the Situation

Please write an email to your last manager (who gave negative feedback), with a BCC to your present HR manager and your last HR Manager, accusing them of the same kind of blame: "Sir, from a reliable source, I got to know that you wanted to terminate me. Do you have any proof that I have been terminated, an email, or a written warning letter stating that my performance was poor? If you do not have any evidence, then please stop trying to ruin my career, or else I will take legal action without a second thought. Due to your misconduct, I am now forced to join a new company."

If you are true to yourself, see how it works. Your last manager will definitely respond to your email. If he does not, just send him a reminder email again and again, with a BCC to your present HR Manager, and inform your present manager that you are always truthful, and your last boss is only trying to ruin your career.

Best of luck...
architahr
I can understand what phase you are going through. I need to highlight some points about your hiring process. If you consider these, you won't face any hassle in the future.

Even in our organization, we conduct background verification through a third party. They scrutinize your entire CV, starting from your educational qualifications, family background, address proof, ID proof, and all employment documents. Even salary slips are verified by the bank if done by NEFT. Candidates sometimes provide fake documents like relieving letters, appointment letters, fake salary slips, and fake references. Therefore, verifiers may visit the company to conduct the verification.

I request you to provide all documents genuinely. As an HR professional, I have come across many such cases. For the company's benefit, we sometimes need to terminate such employees, but they are always well-informed. Your company might not have such a policy.

Regards.
architahr
If your ex-employer has done it deliberately, you can take up this issue with higher management or the consumer forum. They will surely help you out.

All the best.
skjohri1
It is good to be straightforward and stick to your rights, but in the present case, pursuing the matter at any level will amount to a waste of your energy, time, and money. There are many things in life that we do not like or relish, which we leave as such to avoid unnecessary tension. I suggest the same in your case too.

Regards,
S.K. Johri
boss2966
I will tell you to proceed further as advised by Sutapa Sarkar. If you do so, then your present HR Manager will feel that you are not at all on the wrong side, and they may further reinstate you in the same company. If you feel that way, then you can join or simply quit. The quitting part must be your choice and not the choice of the company.

After writing the letter to your previous manager as suggested by Sutapa Sarkar, please add a few more lines stating that if you do not receive any reply within 5 days from the receipt of this letter, you will be forced to approach the court of law and file a defamation case against the manager. This will likely prompt an immediate response from the company. With that reply, you can prove your correctness to your new company and also safeguard your future career.

Kind regards,
Regards
vkn2904
HR Policies and Verification Process

I wonder what HR policies this new company follows. They have interviewed you and found you fit for the job; hence, they gave you the offer letter. I always believed that HR should complete all verification checks before the candidates join the company. If they find any issues with the verification, the candidate should be informed immediately so that the candidate does not resign from their old company.

Basically, candidates are given one month's time to serve notice before joining, and this one month is enough for the hiring company to complete all verification checks. Hiring someone and then asking them to leave within 15 days is not a good practice.
V. Rangarajan
Dear Gentleman,

I am an HR Consultant conducting background verification as a part of HR services for 6 years across South India. We are a registered MSME Organization in Chennai under the banner of Management Information Resources Auditors (MIRA). We have carried out hundreds of background checks, including educational, employment, criminal, and standard of living verifications for current and potential candidates.

I am not interested in elaborating on our verification process as this is not a business email. From my experience, I can easily say that something may have gone wrong in your previous employment. It could be related to relationships, attitude, business transactions, financial dealings, or conduct. A genuine HR professional or responsible Head in any organization, regardless of size or industry, would not knowingly provide incorrect feedback. You could have been involved in a financial error or business loss, knowingly or unknowingly, without realizing the consequences.

If you review your employment history, you may find some clues. I recommend taking action to address any potential issues. As a consultant, I (MIRA) would conduct an independent background check on your 10 years of employment through our process and send a report to the site founder or representative via personal email at no charge, if located in South India. Any responsible top management member in Cite HR or the founder team will decide the outcome and communicate it to you.

I would appreciate hearing the views of other members or the founder of this site regarding this matter. I am attempting to assist you if your claims are genuine.

Best Wishes,

V. Rangarajan

Management Information Resources Auditors
V. Rangarajan
In my experience in this industry as an HR and Investigation professional for 15 years, if the verification is sincere and honest, the employer or responsible person certainly values it. In our experience, my clients absolutely value our reports in total, whether they are negative or positive. I am already convinced of this perspective.

The Importance of Honesty, Integrity, and Consistency

The whole exercise should be viewed from the standpoint of honesty, integrity, and consistency of both employers and employees. These three values pay off in the long run only. There is no shortcut to proving this, and it is a time-tested and unspoken policy in employee hiring, retention, and career progression.

Regards,
V. Rangarajan.
Venkatkrishna_99
Document Everything and Approach HR

When everything is in writing, including the relieving letter, there is no question of taking any action. In such cases, you can approach the HR higher authority and explain the situation. If anyone brings up any issues, ask them to provide written documentation. HR serves as the gateway for handling such matters, and having everything documented clearly is essential.

A company with such low ethical standards truly reflects a negative culture.
kaushikbhowal
With reference to Mr. Rangarajan's post, I would like to know what parameters are used to conduct background checks of an individual. After all, outsourced agencies would have limited access to information unless it is the C.B.I. who is undertaking the job. With limited access to information, agencies would have to rely on the so-called 'sources' to gather information, which could be flawed. Quite often, a person who has been outspoken, straightforward, and does not engage in sycophancy is not very well-liked by managers. There could also be cases where personal grudges are involved. Thus, when the verification system itself could be faulty in some instances, how can one decide on a person's career based on these reports?

A few years ago, there was no system of background verification undertaken by any organization. It was during those days when employees would stay loyal to one organization for 20-25 years, treating the company as their own. Today, despite all background verifications being done, people seem to have scant regard for their workplace.

It is better to trust people than to start off by mistrusting them. Mistrust only breeds more mistrust.
laxmanjingi
I have joined an organization, and after 15 days, the HR called and said that in my background verification, they have found something that is RED. They have asked me to submit a few other documents, which I have already submitted. I did not have a good relationship with my manager in my last organization, and he falsely informed my new company that I was forced to resign, which is completely incorrect. I resigned voluntarily, and I have all my relieving letters as well as the Full & Final settlement statement. Additionally, I reported to their managers, but my new company only requested information from one manager. I have worked for four companies, and my record has always been good. Now, I am being terminated without being given a fair chance to prove my honesty.

I am currently jobless and feeling lost. I would appreciate any help or advice on how I can present my case to the company.

Don't worry, dear. The world is vast; be confident in yourself and continue your job search. You will excel in this job market.
nilotpal1984
Thank you everyone for your valuable comments and suggestions. Dear Mr. V. Rangarajan, thank you for your support and help. I have not disclosed my real name and other details as I think this is a violation of terms here for this site, but I would definitely like to ask for your personal/official ID so that I can approach you directly.

Further to your comments, I would like to say that I admit I did not have a good rapport with my manager. However, my point remains the same that he was not the only manager I reported to in that organization. Prior to his joining, I reported to two different managers who are in the top-level management. Moreover, I want to mention that my performance was good as I was the 2nd best in my particular department. I can assure anyone that during my time with that organization, there were never any disciplinary issues, no financial issues, and I always helped the clients. Therefore, I disagree with the points you mentioned regarding inappropriate financial dealings, dishonest practices, acts of connivance, and misconduct.

Also, I have worked with three more organizations, so why should one particular issue, which is not even professional, hamper anyone's career? I understand how background checks are conducted, but why don't companies perform these checks before an employee joins, especially since they collect all scanned documents well in advance? This would prevent situations like mine, where I resigned from my previous organization as soon as I received the offer letter, only to be terminated due to a background check. Now, I cannot ask my previous organization to rehire me. It is a serious problem, in my opinion, and it seems unfair that even if an employee is genuine, they may not be hired due to the company's strict background checks.

I also want to share that the HR informed me that they have been working with the background check company for the last 10 years and they cannot be wrong. However, in my case, it was clear that they made a mistake by misrepresenting the situation.

Dear Seniors, I have one request for all of you. When I was terminated, I was not given any letter (hard copy or anything); I received a system-generated email stating that I was terminated. Offer letters usually require a signature and need to be returned to the company, so how valid is this type of termination where no valid reason was provided to me in writing?

I appreciate any help or advice you can offer in this situation. Thank you.
nilotpal1984
Thank you for your sympathy, but I am posting this issue not just for myself, but for everyone. It is important that everyone is aware of these matters so that before entering a new job, individuals inquire about such issues with the organization. This proactive approach can help prevent any kind of harassment, similar to what happened to me, despite no fault of my own.

I remain optimistic, drawing on my 6.5 years of industry experience. However, I now have a gap in my CV, which I understand is unfavorable. Unfortunately, no one can compensate me for the challenges I have faced.

Thank you.
Cite Contribution
Handling Allegations in Background Verification

Keep your cool. Your first reaction may be to panic, deny the allegations, or lash out at your former boss. There may be a number of reasons for the situation. One incorrect keystroke in a background search can bring up the wrong information. Using the word "termination" in an email without the word "involuntary" changes the whole scenario. A simple miscommunication can cause a lot of anxiety. Take some time to make a calm assessment and decide on a plan of action.

Ask to See the Report

An employee has the right to see information in their personnel file. Look for inconsistencies and signatures, and verify the dependability of the person or reporting agency. Falsifying information on an application may merit immediate termination in some companies. Resolving the situation quickly should be a priority.

Gather Your Own Documentation

Every employee who leaves a job is technically terminated from employment. The circumstances of the termination vary widely. You should keep a copy of the termination paperwork from prior jobs, showing the termination date and whether it was voluntary or involuntary. Something as simple as using a saved file to process a termination letter for the Department of Labor with the cause already filled in from a previous employee can make the information official even if it is incorrect. Even if you were terminated for cause, there may have been extenuating circumstances. Copies of past performance reviews or farewell emails from well-wishers can help dispute the termination. Set up a meeting with human resources personnel and your manager to review the information and provide an explanation.

Explain the Circumstances

You may have escaped from the worst job on the planet and an incompetent boss, but your new employer doesn't need all the details. Keep the explanation short and use supporting documentation. If you were justly terminated for cause, admit it and stress what you learned, how it changed your behavior, and your commitment to do well on the job.

Request Amendments to Your Personnel File

Request that the human resources department amend your personnel file. Review your file to ensure all supporting documentation and the proper signed and dated paperwork are included in the file.

We thank Sonali for her contribution.
nashbramhall
I have followed this thread with interest. Now, I think it's time I give my views (however outrageous they may be).

As (Cite Contribution) has said, you can ask for documents received from your previous boss. If he has committed in writing and that is contrary to the fact, then you can sue him. No doubt it will take time and cause problems. Just think about the recent case of the cricketer Cairns; he won a libel suit (in England) against Lalit Modi. Are you prepared to take that chance? If so, you will be setting an example; people will be very careful in what they say when a reference is asked.
nilotpal1984
Thank you so much for taking interest in this matter. The moment I was terminated, I asked the HR person to show me the feedback that he had received, but he refused to provide any details, stating that it is highly confidential. On that day itself, I emailed several top management individuals, including the HR head of India, but I have yet to receive any responses. I also reached out to the background verification team regarding the issue, but as expected, they have not responded either. Therefore, technically, I do not have any evidence against anyone.

Regards,
skjohri1
Dear Nilotpal,

I am saddened to learn about your termination. As an HR professional, you will appreciate that annual confidential reports and reference checks, previously known as reports regarding the verification of character and antecedents (in the government and PSUs), are confidential matters and should not be disclosed. I understand that in your case, it has caused significant distress. I personally have little hope that pursuing the matter through legal channels will be fruitful; however, it would be beneficial to seek advice from a legal practitioner specializing in service matters.

Furthermore, I recommend actively seeking another job. When applying, it is advisable not to mention the period of service with the employer who provided a negative reference to avoid facing similar disappointments in the future.

Please maintain hope and persevere with the lesson that it is wise to avoid confronting your employer to prevent further displeasure.

Best regards and wishing you good luck.

S.K. Johri
skjohri1
While there cannot be any difference of opinion on the defects in the system of reference checks and the problem you are facing, I feel it will serve no purpose for you to cry over spilled milk and waste any more of your time and energy on the subject. Therefore, you should start looking for another job. While doing so, please do not forget to camouflage your employment with the organization where you received the red mark.

Wishing you good luck in your new endeavor.

Regards,
S.K. Johri
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