Worried About a Background Check? How to Handle Termination and Legal Issues with Employers

Background Checks and Termination Concerns

Thank you for your question. In response to your inquiry, it is possible that details of your termination from a previous organization and any court case involvement with the company may show up during a background check. Background checks typically include information on past employment history, legal issues, and other relevant records.

Employers conduct background checks to verify the accuracy of information provided by candidates and to assess their suitability for a particular role. It is essential to be honest about your employment history and legal matters when asked during the hiring process.

If you have concerns about how these circumstances may impact your job prospects, it may be helpful to address them proactively with potential employers and provide context for the situation. Transparency and openness are crucial in such situations to build trust and credibility with employers.

I hope this information is helpful to you. If you have any further questions or need assistance, please feel free to ask.

Best regards,
[Your Name]

Background Checks and Employment History

What have you told the new company? Have details of previous employment been honestly and truthfully shown in your job application? The purpose of a background check is clear—to find out and verify the details of a new employee. If you have been terminated improperly and without following due procedure, don't hide it from the new employer. The word "caught" used by you gives an indication that you may not have been fully forthcoming about this matter.

Confusion About What to Mention to the Next Employer

All the documents are healthy. They haven't written anything about termination or any disciplinary action (which did not exist at all) in the service/experience letter. So, I'm confused about what to mention to the next employer.

Dear Manish,

Your last company terminated your services. You perceived the termination as unfair or illegal and have challenged it.

What is the role of the judiciary?

What is the role of the courts? When disputes are irreconcilable, they are settled through the judiciary. In democratic countries, whether partially free or completely free, governments create justice systems to prevent discontent among citizens.

You have filed a suit and are the plaintiff. If your future company asks for specific information about your court case involvement, there is nothing wrong with disclosing the details. However, refrain from voluntary disclosure.

Addressing apprehensions of future employers

Though there is nothing wrong with adjudication, the problem with HR professionals and top leadership in India is that they perceive individuals who approach the court as troublemakers. Addressing the apprehensions of future employers will be a challenge for you.

Thanks,

Dinesh Divekar

My basic question was, can a future employer obtain information such as termination and court cases from a background check?

Hi Dinesh, my basic question was, can a future employer obtain such information from a background check, such as details about termination and any court cases?

Dear Manish, I have answered your "basic" question. If the future employer specifically asks about your involvement in the litigation, then you need to disclose. Otherwise, it is better to keep quiet. Even if they conduct a background check on the court case, you have a defense to say that you were never asked anything about the court case(s). You have replied to the questions asked.

In case the future employer requests information, whether on the court cases or otherwise, and you withhold certain information, it is called "suppression of information." If the suppression of information is discovered during background verification, you may be questioned or face disciplinary action. Otherwise, everything is fine.

Thanks,

Dinesh Divekar

There is nothing improper in that you had approached the Court of Law against your ex-employer. However, any non-disclosure of information regarding previous employment, as specifically requested, amounts to "suppression of information" and could be perceived as a lack of integrity.