Facing an Unexpected Job Gap: Should I Seek Compensation or Renegotiate My Salary?

Hello Everyone,

I was supposed to join an MNC on the 17th of this month, and as mentioned in the offer letter, I asked my current company for an early release due to a transfer from one city to another. They accepted my request and provided me with all the required documents one week prior to my new joining date. I clearly emailed and sent a snapshot to my new employer about my last working day and confirmation of my joining date. After numerous emails, I finally received a response from my recruiter just two days before my scheduled start date, informing me that my joining had been extended by 15 days due to a background verification issue.

Concerns About Employment Gap

My concern is that I have already been released by my current company and now find myself without a job, salary, and with wasted days. Will this gap affect me in the future? What can I do in this situation? Should I ask HR for compensation or renegotiate my salary? What steps should I take to address this issue? Is this situation normal?

Thank you.

Handling a 15-Day Gap Due to Offer Letter Withdrawal

It is a matter of 15 days. If the new company decides to withdraw the offer letter, then what can you do? Or after allowing you to join, if they terminate you without stating a reason for termination, how can you respond? You cannot do anything. Therefore, forget about the 15 days' pay and 15 days' gap in service. Anyway, you are joining the new company for a long tenure with them, and we should always think that this will be my last company, and I will not add any more companies to my CV. If so, a gap of 15 days is nothing. You don't need to explain why this 15-day gap. At the same time, if you had to leave the new company also, you can very well explain what the reason for this gap was.

Considering Compensation for the 15-Day Gap

It is up to you to ask for compensation for the 15 days lost in your service. If you ask for it, that will be recorded in the service book and will remain as a black mark on your career. Had I been the HR of your new company and if you had asked me for compensation, I would certainly record it in your service book, and that would certainly affect your next appraisal or decision to confirm your service.

Dear Friend,

What this company has done to you is very scandalous. I think the company has to learn a lesson. If any company wants to conduct a background verification (BGV), it should be done during your notice period rather than after you have left your old company. You have become jobless due to the irresponsibility of these people. If they ignore you again after 15 days, I think you have to take legal action against them for playing with someone's career.

Legal Action Against New Company

What kind of legal action can be taken against the new company? Is it mandatory that one should undergo a background verification before they are allowed to join? If so, you cannot induct a single employee. This is a platform for HR Professionals. I am asking the question, how many of you respond to the background verification queries of HR from other companies? I had asked this question sometime in 2014 when I failed to get the verification in time, that too from a very reputed company. At the same time, ask me if I had kept the verification of any of my former employees. I can very boldly say that I have never delayed any background verification of any of my former employees.

Present Case: Background Verification Delays

Now coming to the present case, it is true that delaying joining on account of background verification is unethical but not illegal because it is done as per the company's policy, and there is no such law that says an employee should undergo the verification process. Just like in the case of a government job, the verification takes place after joining as well. The employee is permitted to join based on a declaration from them to this effect, and if for any reason their background verification fails, they will be out. Can you file a suit against the employer, i.e., the Government? No.

Likewise, if the employer permits them to join and after that verification becomes negative, then there are also chances of them losing the job. During probation, anyway, no reason needs to be given for termination. If terminated, it should be construed as part of the game because any decision would involve an element of risk.

@Madhu, there was plenty of time before joining the company to complete the BGV before that. What do you think?

Now, once I have taken the relieving from the last employer, they informed me it's not done and still in progress. I think this is really not justified.

Dear Madhu Sir, if a company offers you a job and you leave your current job relying on that offer, then if it's not the company's fault, then whose fault is it? Such practices can leave someone's family stranded, and you are suggesting that we don't have the right to take any legal action. They must provide a valid reason for extending the joining date; otherwise, the individual has every right to seek legal recourse.

If someone abuses us on the road, we can still file a complaint. This issue is even more significant than that.

Thank you.

Risk in Employment Decisions

I have already mentioned that every decision carries an element of risk. If you resign and join another company, and later feel uncomfortable, your family will also be affected. It is true that what the company has done is unethical but not illegal. The employee-employer relationship starts only when the employee joins. If the company waits for your three months' notice period and you decide not to join, will the company take legal action? No, they can't do anything. It should be understood that you took three months to study the new company and finally decided not to join; that's all. I repeat, this is again unethical on the part of the employee.