Facing Unfair Treatment from Management and HR: How Can I Protect Myself and My Career?

Employer Feedback: How Much Does It Matter?

Do employers give a lot of weight to previous employer feedback? If so, how rational is this practice, especially considering that some individuals might misuse it unethically?

I work for a mid-sized Indian IT MNC as a technical professional. My department primarily focuses on body shopping, and I was sent to a client location. The project did not align with my profile, and I informed management that there was no value addition. Additionally, the client manager began demanding work on holidays unexpectedly, which increased friction. We were asked to explain the lack of "unreasonable cooperation." During a cordial discussion, my colleague and I explained our position and expressed our willingness to resign with a three-month notice period.

Two days later, we received a show-cause notice accusing us of being unprofessional at the client location and having attitude issues. This was unexpected and disproportionate. We stated our willingness to resign and signed the document with a comment: "acknowledge receipt of doc, pending discussion on the same." This comment provoked the HR Head, who questioned why we couldn't sign without it. I explained that the terms were abstract and needed substantiation. This angered her further, leading to abusive behavior. I then stated, "I can't continue the discussion in such a way; I am willing to resign with a notice period." She immediately informed me of my termination. My manager and two HR executives were present throughout. The same treatment was given to my colleague.

After a two-month wait, I finally received an experience letter. During this time, I lost two job opportunities due to the lack of a relieving/experience letter. I explained the situation to a prospective employer, cleared all rounds, and received an offer letter. However, I am curious about how the prospective employer will handle it if my former company responds vindictively during background checks. I expect the management and HR Head to be revengeful due to my assertiveness in preserving my integrity and dignity. I feel that natural justice is being denied, and the situation is unethical.

Legal Advice and Personal Considerations

Some previous managers advised me to pursue legal action, but I am hesitant due to inexperience and a personal aversion to complex legal matters.

Personal and Professional Background

Note: (i) I am confident in my exceptional technology skills, which I continue to update during this crisis. The company has been in the headlines for anti-employee practices in July in a leading newspaper. (ii) I have 12 years of experience, with three years at this problematic company. All previous records are clean. (iii) I have a 46-day leave balance (in three years) calculated for encashment at a basic salary as per the final settlement, which is nominal.

Regards

Since existence itself is comprised of dualities like virtue and vice, good and evil, sanctity and sin, etc., it is called "Misra Prapanch." The workplace is a small world within the larger world manifesting all the same dualities. If we are very much worried about some bitter things happening in our life, particularly work-life, without our own contribution or beyond our control, we cannot move on. Your note to the first post vividly exhibits your self-confidence in your employability, while the successive post indicates your natural fear about negative feedback from a particular ex-employer.

Particularly, regarding body shopping in the IT field, the employee's position is a bit more precarious as they have to serve two masters. In the event of any friction like the one you mentioned, it is quite natural that your immediate employer would react in such a manner out of the fear of losing clientele. If the HR person were a bit more shrewd or if the situation were handled by any line manager, the proper response would have been placing a fresh team instead of reprimanding you without hearing your side. However, all employers are aware that in such situations employees leave not organizations, but only managers.

When your departure from the previous job is peaceful and formal, and your selection for the new job is based on all the positive merits, no employer would give importance to informal words of mouth uttered by a person belonging to such a company of disrepute well known in the Corporate World.

Regards

You can proceed legally against your ex-employer only if you can prove that such an act was intentionally done by your ex-employer to jeopardize your future employability.

Thank you for being kind enough to reply, Dear Sir. Yes, I am naturally tense about the harm these people can inflict on future employability. Currently, 10+ employers are interested in my profile, and I have been offered a job (pending background verification) after interviews. Additionally, there are 5+ interviews ongoing at different rounds. I am confident in securing another job based on merit. My concern lies in the industry practice of giving excessive weight to previous employer feedback (the extent of which is uncertain to me). I am aware that this forum comprises many experienced HR professionals, and I seek expert opinions. In fact, I am more curious than scared!

I understand that if a background checking agency marks me negatively, it could jeopardize my future employment prospects in this industry. What a practice!

My current situation is distressing, especially with a family to support. The mental anguish is significant and could potentially drive someone to despair as they lose what they hold dear. However, I remain exceptionally positive! I have resolved not to yield to this injustice and to live my life with integrity intact. I refuse to compromise on my values, even in the face of adversity. I am prepared to take on any job, even as a chauffeur or laborer, if my career is jeopardized. I possess the courage and will not bow down to such high-handedness.

Advice for All

My advice to all is, "Do not engage with organizations that lack values in employment. They can ruin your career by masquerading as legitimate players in the industry, abusing their 'powers.'"

Legal and Financial Constraints

About the legal aspect, I am currently on a tight budget with limited funds for the next 3 months' expenses. Affording legal costs is challenging for me, and I lack experience in handling legal matters. Moreover, I worry that if I am fortunate enough to secure a job, legal proceedings could pose issues for my future employer, with the need for frequent leaves to attend court procedures.

Ideally, no one should have to endure such situations, as they are far from ideal. Unfortunately, some individuals find themselves in such predicaments due to the presence of unscrupulous actors in the industry. It resembles an underworld where they pose as legitimate and benevolent entities.

Regards