Background verification Failed - HR is my family member and there are family disputes

Hi, I have joined an MNC 2 months ago and now my employment has been terminated because of background verification failure.

My previous company's HR gave strong reviews about my ethical behavior. So here is the reality, this is really not an issue of my ethical behavior, but HR is my family member and there are family disputes with her. Because of that reason, she is taking advantage of her position and has started ruining my career when it comes to BGV. I've told my current employer the whole situation and also asked them if they can talk to the CEO or other managers in my previous company, but in vain.

I've informed the CEO about this, but it doesn't seem to be getting resolved. Please let me know what next steps can be taken on the legal front.

Dear Ahustosh,

You mention that there are negative remarks in your Background Verification (BVG) report due to the HR of your former company providing feedback on your unethical conduct. However, HR cannot simply make accusations without proper investigation. Was a domestic enquiry conducted regarding your alleged unethical behavior? If so, were you given an opportunity to defend yourself? Was the misconduct proven during the enquiry, leading to your termination?

You state that "HR is my family member and there are family disputes with her." Are you certain that the HR of the company deliberately sabotaged your career, or is this just an assumption? If your actions were ethical, but false information was provided, consider the implications for the HR person's career if the falsehood is discovered later.

Have you received a service-cum-relieving letter from your former company? If so, what were the reasons cited for your separation? A company usually cannot issue a neutral service-cum-relieving letter while giving negative feedback in a BVG report.

Please provide a comprehensive overview of the situation as we currently lack sufficient details to offer further insights. Additionally, share details about your job title, the number of employees you supervised in your previous role, and the current size of your team in the current company.

Thank you,
Dinesh Divekar

Hi Dinesh,

Thanks for the help! I'm very much sure that it is a personal grudge rather than a professional issue. I can say this based on the fact that she has always discussed family matters in front of everybody in the company, and it has been overheard that she is going to ruin my career using her position. My CEO and Manager are not aware of this situation, which clearly indicates her intentions. She can do anything to put me down.

I left the company on good terms and have the relieving letter to prove it. Additionally, I spent 1.5 years in the company. If there were any issues with my behavior, I'm confident they wouldn't have retained me for that long.

Furthermore, my teammates and Manager never had any issues with me. Even now, I meet almost all of them. I'm not sure if this makes sense, but I'm trying to convey the positive relationships I have, whether inside or outside the company.

I have never managed a team where anyone needed to report to me.

Best, Aashutosh

Dear Aashutosh,

If you have a relieving letter that does not have any bad remarks and before your exit from the company, if your company had not conducted any domestic inquiry, then please contact a lawyer for filing a suit against the company. Please check whether it is possible to file a defamation suit. Ask for the damage charges as well. As an interim measure, tell the court to treat the Background Verification Report as null and void.

Secondly, talk with a lawyer about filing a suit against your immediate preceding company. Just based on the report from your past company, they cannot terminate you. Why did they not issue a show cause notice to you? Why were you not given a chance to defend your case? Check whether you can approach the court for your reinstatement. Additionally, they should give you back wages until the case is settled.

Please note that you can do all this provided you had an unblemished stint in your company. I have given my opinions based on the facts that you have mentioned. In case your tenure was tainted, then there is no point in doing all this.

As far as your family member working in HR is concerned, the law has nothing to do with it. Your relative represented your company, and her decisions or actions represent her company. Therefore, the suit has to be filed against the company.

Incomplete Information: I had asked about your designation and whether anyone reported to you in your immediate past company. But you have not given a reply to this query. If nobody reported to you, then you are eligible to raise an industrial dispute at the Labour Office. To know more about the procedure to approach the Labour Officer, click the following link: https://www.citehr.com/601475-termination-colleague-improper-reason-after-he-put.html#post2398911

For the HR Fraternity: Whatever the poster has written, if taken at its face value, then the action of the HR professional who sent a negative background verification report is condemnable. It is a misuse of one's position as well as power. A BVG report cannot be used as a weapon to settle personal scores. That HR professional should have been thoughtful before forwarding a fallacious report.

Thanks,

Dinesh Divekar