Suggest Action Against Previous Employer For Negative Feedback

Dear Friends,

I was working with a partnership private firm in Bangalore. However, since the management was not proper, I left the job by serving the proper notice period and also completed the handover process. I had joined an MNC company and while joining, shared my previous employer details. As per the process, they conducted verification, but to my shock, I got to know that my previous firm owner (one of the partners of the firm) has given a very negative feedback about me, due to which I lost this job. He has done this with most of the other employees who have left his firm.

I need your guidance on taking action against this firm to avoid a similar situation for others in the future.

Dear friend,

If what you have written is true, then what happened to you is unfortunate. Situations of this kind arise when there is a preponderance between two parties, i.e. employers and employees, with one party having dominance. In your case, your employer has shown preponderance.

How many months or years did you work at the partnership firm? How many days/weeks have passed since you were removed due to negative feedback from your past employer? If it has not been long, then immediately consult with a lawyer to determine if you can obtain a stay order on your discharge. Verify if it is possible to prove that the report from the reference check was mala fide.

If your lawyer confirms the possibility of proving this, then investigate if it is feasible to file a defamation suit against the partnership firm.

The issue with the Indian judiciary is that it is the slowest in the world. The slow pace of the judiciary is a significant deterrent to seeking justice. However, employers who provide feedback out of malice need to be taught a lesson. The decision of whether to pursue this action is yours to make.

All the best!

Dinesh Divekar

Pretty unfortunate; however, a very logical, detailed reply by Dinesh. Generally, people do not have information to proceed ahead with legalities. With this reply, I am sure if this guy is willing and confident, then a lesson can be really taught. Best wishes.

Thank you, Dinesh. Even I had thought of taking legal action, but I can't spend on lawyers as I am unemployed now and struggling to find a job. Can you suggest if there is any organization for women's rights that can help me in this case?

Answering some of your doubts. It's been 5 days since I lost my job due to negative feedback. I had worked for 1 year in the previous firm. Unfortunately, I did not collect my relieving letter at the time of exit.

Dear friend,

Two important points I had missed in my previous post, hence I am giving this supplementary post.

The first point is about discharge from the partnership firm. Was it under normal circumstances, or were you involved in some misconduct? If involved in misconduct, then did the company conduct a domestic enquiry? If the company conducted a domestic enquiry, were you given a chance to prove your innocence? Instead of direct termination, did the company tell you to put in your papers?

The second point is about the service-cum-employment certificate. Did the company issue it? If yes, then what were the remarks for the separation? If this certificate was neutral, i.e., neither positive nor negative remarks, then legally their position (of giving negative feedback) is not tenable. However, if they have mentioned anything negative in the service-cum-employment certificate, then they have some ground to say why they provided the negative feedback.

Thanks,

Dinesh Divekar

As I mentioned earlier, I had given a proper notice period by stating personal reasons for my departure from the job, and it was accepted. However, I missed collecting the experience letter/relieving letter on the last day of work.

Hello Vinalvpai,

While empathizing with your situation, I think you made a mistake in not collecting your Experience & Relieving Letters while moving out.

Had you had these docs, you could have used them to counter the background check results... though can't say with certainty to what extent this would help, as it would depend a lot on the HR of the new company.

Is there any way you can go and collect them now... don't get into any sort of ego hang-ups. You need them more than the old company. Assuming it's possible, I suggest don't ever raise the issue of what happened. Be as nonchalant as possible... I know it's tough in the given scenario, but I guess you don't have any choice. If you blow up or even say anything adverse, it would affect you more.

Also, do you have your boss or anyone who worked there earlier who can vouch for you and your work? If yes, talk to them and begin to use them as your references. This is one way of countering such situations.

Once you collect the docs, try to show them to the new company's HR and make an attempt... please be prepared for a no. That's the worst-case scenario.

Also, begin to look for another job ASAP and make sure that you make a polite mention after your selection that you left the company against the management's advice... so you are not sure that the background check will come clean. Basically, prepare the grounds for any negative background check later.

All the best.

Regards,

TS

Dear Friend,

Better get your present job by giving the proper reasons and you will...

1) If your present employer, the MNC, terminated you after due verification, have they provided written verification or communicated via phone/verbal? If the previous employer gave a wrong impression or misrepresented your other activities, that should not have been considered by the present employer. You should have been given a chance to explain the reasons for leaving your previous work/employment. Kindly approach your present employer, explain the situation, and emphasize that terminating any employee without verifying the facts is not a just decision.

2) If you failed to collect the experience certificate, a good organization should have either posted it to you or contacted you via phone/mobile to arrange for collection. On these grounds, it appears that your organization lacks concern or efficient management. Was the notice period served with you sufficient enough to prove your innocence?

3) Your present organization selected you after an interview or other employable procedures. What led them to terminate you? Have they found any reasons that make you unfit for the present job? It is crucial to understand this uncomfortable situation, identify the reasons, and present evidence to support that you are indeed suitable for the role.

4) In the private sector, nobody should be dismissed solely based on their performance in a previous job. Individuals may prove their worth in the current role if the organization focuses on grooming a positive attitude. Best of luck in demonstrating your innocence and securing a suitable position.

Best of Luck...

As you mentioned, there were quite a few of you who left and were given negative feedback. Can you speak to them, and together, you can file a case as suggested by Dinesh? It would hold more weight.

Sapna

Unjustified negative feedback from a former employer is almost similar to defamation. Not only is your professional reputation ruined, but it also causes financial loss. Legal remedy is available, but it will be time-consuming and lengthy. Besides, obtaining evidence to substantiate defamation will not be easily forthcoming. In reality, there is no easy way out when a former employer speaks badly about you in background verification.

It is necessary to try to part ways amicably (as far as possible). Perhaps the individuals who all received negative feedback could come together and communicate with the previous employer. After that, legal action can be pursued as a last resort.