Facing Retaliation at Work: How to Handle a Withdrawn Job Offer After Resignation?

I am a male employee working in one of the topmost software companies. Recently, I gave an interview in another top IT organization, and the offer letter was issued to me. I resigned from my current organization and started to serve the notice period. After serving a few days of the notice period, my offer letter was withdrawn by the company that had offered me the letter, stating they received unsatisfactory results from the background check.

Conflict with Project Manager

In my current organization, I had an issue with one of the project managers (not my direct manager), which escalated to the point where I had to file a complaint with the HR department. This led to further conflict between me and that project manager, who holds significant influence in the company by assisting senior officials and fellow managers with candidate recruitment.

He encouraged his subordinates to mistreat me in the hope that I would resign. Eventually, I realized that leaving the company was the best solution, so I found another job and tendered my resignation. However, upon resigning, he warned me that he would ensure I could not find work elsewhere. He instructed his subordinates to inquire through their friends whether I had interviewed with any other companies.

After about 20-25 days, I received an email from the potential employer stating that my background check had failed. What steps should I take in this situation?

These things are common in the corporate world. You have to face them with thick skin. Please personally visit the new company and understand the background they have received. It is better to be open and explain your current situation. It would have been wise if you had informed them of your rift and the reason for it. Now, you can do little, but ensure that you clarify and get this resolved so that in the future, you are careful.

All the best and good luck.

Regards,
Dolphy Goveas

A Lesson on Quitting and Professional Relationships

Let this be a lesson for other members who are thinking of quitting a job and not disclosing the reasons at the time of the interview. It is also sincere advice to bloggers to never antagonize a boss or co-workers, etc. We never know who knows whom.

Let me give an example. A friend narrated this incident to me. He had left an organization and went to teach in a college. After about a year, his ex-boss went for an interview (after completing his Master's degree) for a lecturer position at the same university. He met the ex-boss, and they were chatting in the corridor. The Dean of the faculty had seen this, and during the break in the interview session, he called the staff and asked him how he knew the candidate and what they were talking about. My friend was not treated well by his boss in the previous organization. This was the chance for him to get back at the boss. He told the Dean that the discussion was about Business Policy (BP) as a topic and that the candidate did not know much about it and was asking him whether BP and Strategic Management were the same, etc. The candidate did not get the job.

There are many instances where a person quits a job because he/she did not like the boss and finds another job only to discover that the ex-boss has also joined the organization, and he/she has to work for him/her.

Lessons from Quitting a Job and Background Checks

Let this be a lesson for other members who are thinking of quitting a job and not disclosing the reasons at the time of the interview. It is also sincere advice to bloggers to never antagonize a boss or co-workers, etc. We never know who knows whom.

Let me give an example. A friend narrated this incident to me. He had left an organization and went to teach in a college. After about a year, his ex-boss went for an interview (after completing his Master's degree) for a lecturer position at the same university. He met the ex-boss, and they were chatting in the corridor. The Dean of the faculty had seen this, and during the break in the interview session, he called the staff and asked him how he knew the candidate and what they were talking about. My friend was not treated well by his boss in the previous organization. This was a chance for him to get back at the boss. He told the Dean that the discussion was about Business Policy (BP) as a topic and that the candidate did not know much about it and was asking him whether BP and Strategic Management were the same, etc. As a result, the candidate did not get the job.

There are many instances where a person quits a job because they did not like the boss and then finds another job only to discover that the ex-boss has also joined the organization, and they have to work for him/her.

While I appreciate the predicaments in the current scenario of a Global Village where everybody gets to know about others, such mudslinging affects the lives of the affected people. While a person may commit a mistake or may not suit the culture of a particular organization, he should be let go without any slur so that he could lead his career elsewhere. This would indeed provide an opportunity. We have no right to dictate another person's way, especially when it affects their whole career prospects.

Legally speaking, a company withdrawing an offer post-issue, merely based on a background check, is not right. Neither is it a fair means.

Regards,
vasudevan

Don't do anything of that kind. As suggested by Ms. Dolphy, if you can, meet the new employer and clarify. Otherwise, search for jobs elsewhere. Simultaneously, if you have any proof, expose him for his illegal and unethical activities.

Best of luck.

We do not live in an ideal world; in the real world, many atrocities take place. I was only giving examples from the real world.

In this particular case, the person can take legal steps provided he has the money to spend and patience (court cases take a long time to bear fruit).

Regards

Dear Nashramhali, I am unable to appreciate your views as a legal remedy does not always lie through a court of law. Every organization has levels of escalation, and at least the top level of any reputed organization looks at an issue from a broader perspective. The ideal world does not mean giving up one's rights or remedies altogether. I would appreciate a forum where a person looking for a remedy should guide a solution rather than advocating a submissive approach.

Regards,
Vasudevan

Hi Vasudevan,

I would like to add further to the note. Earlier, he was threatening that he would defame me through a social networking site. He asked his subordinates to go after me and try to obtain negative feedback from my previous employer (which was another top IT company) so that I should be terminated from this company. Upon his direction, certain subordinates went to my previous organization through a social networking site, but they failed to get any negative feedback as all the work ethics were followed in my previous organization. I warned him that what he was doing is completely unethical and against the working policy of this organization and also against the law, as defaming somebody through a social networking site is a crime punishable by law. I even notified this to the concerned HR, but she asked me what proof I have that he has done this. All the conversation that was confidential with the Human Resource Department was leaked to this manager. From that day, I have lost trust in the management of this company. I decided to quit this organization, but he is not even letting me quit the organization. He is suggesting that the only alternative I have is to commit suicide. If I file a complaint against him, then there can be repercussions that my entire career will be destroyed.

As you must have seen in the past, there are so many corporate scams coming to light these days. These scams don't occur overnight; they are initiated long ago but burst after some time. It is people like him who oblige other people, get full support from those they favor, and even place relatives in the Human Resource department. If anybody resists or complains, they are severely crushed. Some technical project managers have become so smart, particularly in software companies, that they have started getting their relatives hired in the Human Resource department and are virtually controlling the entire organization through them.

Regards,
Vasudevan

Anybody can slap on the face but not stab in the back. In my view, if you proceed legally, this will be a further obstruction in getting the job. The new company might have given the reason while withdrawing the appointment order. Otherwise, you have the right to know it.

Based on that, you can take an appointment from the HR Executive or the concerned authority and explain the situation. During your discussion with the new company, you can assure them about your workmanship and loyalty, etc. I think this will solve your problem. Otherwise, this will help you to proceed legally. However, it's better to take proper legal advice before proceeding.

Best wishes,
Eswararao Ivaturi.

I agree with Dolphy; you should go and meet the new management and request them to share the information with you. After that, you can explain the situation to them. Do not worry about the outcome. However, no matter how westernized we become, one thing remains unchanged: do your job without thinking about the results. Whatever happens, happens for the best.

Secondly, if they share the information with you, please approach your present higher-up and brief them about your experience, once again, conveying the same message in a positive manner.

Whether you continue in the same job until you find another job or you decide to quit, that should be your own decision. Opportunities will keep coming, but compromising your self-respect at any cost is not acceptable.

All the best,

Karuna Jadhav

Many opinions are jostling to be said from my head, but I will go straight to the one that I think will give you a respite on this issue, and that is the recruitment procedure and legal redress. I am assuming that if it is escalated on a legal ground, many hidden issues will be uncovered, and you will be vindicated, hence not find it difficult getting another job in the industry.

Recruitment Procedure and Legal Redress

Procedurally, no reputable company will give out an employment letter before completing a background check. If it happens, there will be a clause in the letter stating that "if our background check turns out unfavorable, we will terminate the employment contract forthwith." Do you have that in your letter? If not, the legal option is wide open for you to pursue. If yes, the legal door is closed.

Pursuing the issue legally will vindicate you, clip the wings of this manager, and send out a signal to his likes that they are not gods! Additionally, it will get the recruiters to be prudent in their recruitment drive.

I will advise that you take the legal option and seek damages because it was the offer of employment letter that made you resign from the former company where you were gainfully employed!

I wish you luck.

Regards,
Olarinde

Recruitment Procedure and Legal Redress

Many opinions are jostling to be said from my head, but I will go straight to the one that I think will give you respite on this issue, which is the recruitment procedure and legal redress. I am assuming that if it is escalated on legal grounds, many hidden issues will be uncovered, and you will be vindicated, hence not finding it difficult to get another job in the industry.

Procedurally, no reputable company will give out an employment letter before completing a background check. If it happens, there will be a clause in the letter stating that "if our background check turns out unfavorable, we will terminate the employment contract forthwith." Do you have that in your letter? If not, the legal option is wide open for you to pursue. If yes, the legal door is closed.

Pursuing the issue legally will vindicate you, clip the wings of this manager, and send out a signal to his likes that they are not God! Additionally, it will get the recruiters to be prudent in their recruitment drive.

I advise that you take the legal option and seek damages because it was the offer of employment letter that made you resign from the former company where you were gainfully employed!

I wish you luck.

Regards,
Olarinde

It is written in every offer letter in India: "if our background check turns out unfavorable, we will terminate the employment contract forthwith."

Based on some facts given by you here, my advice will be as follows:

1. If your current organization, where you are serving the notice period, has not yet issued a letter accepting your resignation, send them a letter withdrawing your resignation. Legally, an employee can withdraw their resignation, and your HR department will know this.

2. Send a letter to the new organization, with a copy marked to the CEO, stating that you have been put into hardship by the withdrawal of the offer after you submitted your resignation. An organization can withdraw an offer only if there has been a misrepresentation of facts. For example, if you have specified your present employer as A, and you are actually working with B, then they can withdraw the offer. Similarly, if your qualifications or claims about working in an organization for a particular period are false, they can withdraw the offer.

Based on some statements by your current employer regarding your performance, etc., the offer cannot be withdrawn. Send a well-drafted letter that should highlight the mistake committed by the new employer. However, if you have hidden any facts regarding your qualifications or employment history, then think twice.

Like a few other members suggested, nowadays, every offer letter, especially in the IT sector and MNCs, contains the Background Clause and the consequences of unfavorable BC results. Many companies also mention it in the interview process. Ignorance of the process is no reason for an unfavorable view of the consequence(s).

Facts of the Case

1) You say that this PM is NOT your reporting PM. Then where was the need to go all-out against him in the first place? There do seem to be other facts of the scenario that you have missed or omitted to mention. If you wanted to be a whistleblower, there's nothing wrong with it per se. BUT I think you forgot to take into account the consequences. Just watch the TV for a couple of days, and you will know what this entails—that's part of the game for any and every whistleblower. In a single line: Life IS NOT a bed of roses for any whistleblower.

2) Coming to your remarks about what the PM has done or said is right or wrong, etc.—please note that what the other person (in this case, it's your PM) says or does IS NOT IN YOUR HANDS/CONTROL. What's in YOUR control is YOUR RESPONSE to it. I suggest focusing on that aspect of your nature. The very fact that the PM has gone to such lengths as to mention that he will ruin your career says a lot about the quality/type of interactions you had with him. With a simple visualization, I presume your PM—to whom you are reporting—WOULD HAVE suggested you keep away from this guy. IF you assume that I am suggesting you should have just ignored whatever you mentioned this other PM was doing—YOU ARE WRONG. There are multiple ways in which one can RESPOND—including resigning coolly without raising any stink, UNTIL the timing is right—since THAT'S WHAT is in your hands. As regards going the legal way, I am not sure what you would be achieving by taking that route—except feeding the advocate for a few years AND spending a few years of your time pursuing the case. And in the end, there's NO GUARANTEE that you will get what you wanted when you began the case. It's YOUR priority that decides what you do—this would seem to be a case of thinking thru THE HEART when you ought to be THINKING THRU THE HEAD.

3) Handling Your New Job Situation

Dolphy has given an excellent suggestion—just meet the HR of the new company and explain the facts of the case. In fact, you should have made it a part of your interview process itself—every recruiter asks the reasons for changing the current job—WITHOUT sounding antagonistic towards the PM or the present company, you COULD have given the actual reason. Most recruiters understand that such situations do occur and IF they are convinced that you are speaking the truth, they will devise ways to hire you—presuming your technical rounds have gone off very well. Obviously, if your interview performance has been just average, the recruiter may not find it worth his/her effort to help you. In case this new job doesn't get revived, suggest looking for other jobs—and make it a point to BRIEFLY mention the REAL reasons to change during the interview process.

All the Best.

Best Regards,
TS