Facing False Allegations from an Ex-Employer During Background Checks – How Can I Protect My Job Hunt?

I am a woman and was working in a private company for the last 3 years. I have given my resignation in February 2015 and got relieved. Now, the employer is making false claims that I was asked to leave when anyone contacts for background verification. This is affecting my ability to seek a new job. How should I handle this situation?

We really feel sorry for your state of mind. Now, this sort of personal vindication is the order of the day. You face it with courage. Do not be let down by your own feelings. Explain your stand to the prospective employer and the ill attitude of your previous employer. Maybe one or two offers go, but if you are untired, you can win the battle with your wisdom and knowledge. Keep posting.

Handling Negative Feedback from a Previous Employer

What does your relieving letter say? Did you leave due to differences of opinion, etc., or for better prospects/job change? Did you follow all rules for resignation from your earlier company?

If you have followed all the rules and obtained proper release but they still speak wrongly verbally, talk to the management of your old company to understand where the problem lies. Try to identify who in the earlier company is spreading negative information about you and seek clarifications.

The issue with such negative talk is that prospective employers may not disclose anything but will not proceed with calling you for interviews or the hiring process. One must ascertain what exactly is being said about you behind your back to prospective employers and address it openly and honestly.

In a competitive world, companies may opt for a safer choice and hire someone else if your previous employer speaks ill of you (even if it is baseless or with ulterior motives). Confront the situation confidently and maintain a positive attitude when interacting with potential employers. Your positive demeanor will certainly be noticed, and you will be offered the job if you fulfill all other requirements.

Regards,
Jagat Kumar

Dear Sushil, I am writing to inform you that a legal notice will be sent through a lawyer, detailing the harassment you have faced from your previous employer. This includes incidents of sexual harassment as defined under the Prevention of Sexual Harassment Act in the workplace, as well as threats of false claims made by him regarding your future job prospects as specified under section 3(2) of the Act.

In the notice, we will request a written apology from him within 3 days, along with an assurance that he will not make any further false claims to anyone. It will also emphasize the need to keep the legal notice confidential, as per the terms of section 16 of the Act. We believe that he will comply with these demands, but if not, further action will be pursued.

Thank you.

Best regards

Hello,

I suggest, as everybody else has suggested, that you present your approval papers. Let them verify and provide feedback, whether positive or negative. Avoid making any remarks about the person who may have given incorrect feedback. Just present your papers and proceed with the HR interview. There is no need to feel victimized by someone else's misleading behavior. Simply state, "I cannot comment; let my experience speak for itself." Try not to dwell on this repeatedly.

Thanks,

Do your own background check with the company without revealing your identity and communicate via email. If they provide any negative feedback, use it as evidence and consider filing an FIR.

By resorting to this dubious method, you are exposing yourself to various penal provisions under the IT Act, which may harm you. This is because when the ex-employer sends information to an impersonator, they may obtain a commitment not to disclose it to anyone. If later it is discovered through an FIR that the ex-employer was set up, they will retaliate. The ex-employer may escape consequences by using evasive language, even contradictory to the official record, but it will become more challenging for you.

Thanks,
Sushil

A past employer will not chase to harass an ex-employee to whom they have given a clean chit by threatening to doom their future through false allegations. This is obviously to force one to surrender to illegal terms. A woman will not describe ipsi dixit of such allegations that are required to be kept confidential under the said Act. On the contrary, a past employer wishes good luck and best wishes for an obedient employee. So sometimes, some reasonable assumptions have to be derived. One should not expect that she should beg the past employer for mercy for not making any false allegations to a prospective employer.

Thanks,
Sushil

Subject: Concerns Regarding Recent Actions and Potential Legal Action

Dear [Ex Employer's Name], I hope this email finds you well. I am writing to bring to your attention a matter that has been concerning me recently. I have attached copies of my relieving letter and resignation letter for your reference. I noticed that while my resignation letter had the acceptance seal and signature on it, there have been certain actions on your end that I find troubling.

I would appreciate it if you could provide some clarity on why there have been what I perceive as unprofessional actions or "cheap antics," as you mentioned, following my departure. I am also curious as to why I should not consider initiating legal action in response to these developments.

For transparency, I am copying the labour officer on this email. Should you require their contact information, it can be obtained through the local labour office.

I look forward to your prompt response on this matter.

Thank you for your attention.

Sincerely

I come with 20 years of HR experience, and following processes always pays off. Stay calm and demonstrate maturity. I do not know the maturity of the company processes and policies you worked for; however, if you have complete confidence in your tenure and exit, then:

1. You should find out if you can get the email contacts for the HR head, Compliance head, Legal head, and Women's networking group head.
2. Write a common letter to all concerned and state your peril.
3. Share as an attachment the resignation letter you sent, the acceptance, the relieving letter, and Full and Final statement if any.
4. What reports/feedback/information do you have? Ask for an investigation and request them to intervene, stating violation of employee rights. Your reputation rights stay even after you leave. It cannot be maligned without a base.

Warm regards,
Seema R

Dear Friend,

I really feel sad for you, but don't get demotivated. The best thing is not to show the past company on your resume or provide the contact number of your friends from the old company to handle background verification.

Think about it.

Suresh

I think you should ignore him and focus on seeking a new job. You have to change your mindset and prepare yourself more strongly than before. It would help you build your confidence. You must try a different tactic while you are being interviewed by another company. If an interviewer asks you about your previous experience and why you left it, just tell him/her that you were facing some sort of problem while working in that company.

The main issue was that I am a woman, and the person to whom I reported was not a good gentleman. Due to him, I was feeling very uncomfortable, so I quit. Now, he is spreading false information about me to my colleagues. This was the genuine reason why I left that company and now I am interested in joining another company like yours, where I can work independently and without fear.

This approach might work for you, so you should try it in any interview. With this, I hope that the current employer doesn't go for verification purposes as you have already explained. Give it a shot; it may work!