How Should We Handle Threats from a Former Employee Over Background Verification?

Hi, I'm Punitha. I am working in a startup where we are still building up our company policies, etc. One person joined in a senior position, and we received some bad news about his resignation from his last company. However, we had to wait until we could conduct the Background Verification (BGV) professionally. We informed the candidate that we may process the BGV at any time.

As days went by, he started misbehaving in the office, talking unnecessarily to other employees, and making comments about higher officials. When he was caught red-handed on CCTV footage and received complaints from coworkers, he abruptly left, demanding that we settle the amount by the next day. We settled with him the following day.

After two days, he returned and attempted to convince our CEO to rehire him. We considered conducting a background verification, and if we found good reason, we could give him a second chance. However, the number he provided for verification belonged to an individual who had left the job in his previous organization. Upon learning that we were verifying him, he began making threatening calls to our CEO, stating that he could take action against us for conducting the BGV.

The CEO instructed me to stop the verification process as the candidate would not be given another chance. Nevertheless, he continued to call and pressure the CEO, insisting that HR should issue an apology letter for initiating the BGV.

I seek your valuable suggestions and guidance on how to proceed. Thank you.

Regards,
Punitha

Documenting Activities and Timeline

Document each of the activities done by him, witness-wise and day-wise. Make a timeline of when he joined and when he quit, and keep a full record. Just ignore his phone calls and messages.

Background Verification (BGV) Process

As an HR professional, conducting Background Verification (BGV) is a normal practice. I am sure your employment form must have a stipulation that BGV will be conducted. There is not even the slightest chance of an apology being necessary. If he persists in calling and making threats, send him a lawyer's notice. The option of involving the civil police also exists.

Handling Threats and Misconduct

Basically, ignore him, don't pick up, and let him rant and scream, but remain watchful and alert. By the way, he is a senior person, but what was his background, and during the interview, nothing adverse was noticed?

Hi Punitha,

Have you taken his written consent before initiating BVG?

Thank you.
Raj

Dear Punitha,

When the misbehaved or caught guilty employee himself has quit, why did you entertain the idea of him meeting the CEO again? Okay, fine, he has been given a chance to meet the CEO, but you should not have considered his re-entry into the organization, given his misconduct in the past.

Let your CEO also be strong and bold in handling this situation, and do not let him deter you from your activities. The question of HR giving an apology does not arise. Let him bark, as rightly said by Mr. Nathrao.

Hi Punitha, Greetings. Not to worry about this incident. You are in the HR field; there are many more to come. Do not dream of giving any apology to anyone. You are legally right. Each company needs to conduct background verification, especially for senior personnel. Please keep all incidents in a timely manner and all recordings, even if there are some witnesses with you. Furthermore, ask the CEO to be bold and record his threatening calls. There are many ways to punish the defaulters. No one is above the law.

If you need help, please let me know. All the best.

Regards, R.R. Inamdar ADVOCATE [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] A to Z Solutions (Expertise Consultancy - IR, HR, Training & Development, Govt. Liaison Work & Property) SF-03, Charbhuja Complex, Beside H.P. Petrol Station, Water Tank Road, Karelibaug, Vadodara-390018

Dear Madam,

After his legal separation and settlement of his dues, the employer-employee relationship ends. It was a wrong move to think of rehiring a misfit and instituting an uncalled-for BGV. Ask your CEO not to entertain him or his call, and there is no question of HR giving an apology. If he persists, threaten him with a police case but don't buckle under his threats.

Regards,
Vinayak Nagarkar
HR Consultant

Handling Rehiring and Misconduct Issues

It is difficult to understand whether you are running a company or a betel shop. You appoint people without verifying their credentials in senior positions and settle their full and final when they commit some fault.

Rehiring Procedures and Misconduct Declarations

Have you rehired the person after settling their account? If so, what procedures did you follow, or have you taken any written statements from the person as a declaration (where they assured the management to spare them this time) and promised not to indulge in or resort to any misconduct in the future?

Advice Against Rehiring and Legal Actions

If you have not rehired the person yet, then do not consider rejoining. In case the person calls, threatens, or misbehaves, the management can lodge an FIR for this kind of nuisance. Be firm; your laxity in the matter will make you fall into a trap.