Consequences of BGV Failure: How to Handle Incorrect Experience Letters in IT MNCs?

Consequences of BGV Failure Due to Incorrect Experience Letter

What will be the consequences if the Background Verification (BGV) fails because someone submitted the experience letter of Company-X (Client-Company) instead of the experience letter of Company-Y (Vendor Company) when joining an Indian IT MNC? Will it be acceptable if the BGV fails due to this issue? How should one deal with this situation?

Which company issued the appointment letter? Which company was disbursing the salary and issuing the salary slip to the employee? The same company should issue the "Service-cum-Employment Certificate," and the background verification letter should go to them. Nevertheless, since the employee did not work for that company but a third party, the company can mention the name(s) of the third-party company (or companies) along with the duration for which the employee worked. A certificate of this kind would bring clarity.

Thanks,

Dinesh Divekar

Misrepresentation in Offer Letters

Company Y has issued him the offer letter, and the candidate was working for Company X; the name of Company X is also mentioned in the offer letter. Will this come under misrepresentation of the fact? Should we terminate him from the job, or should we allow him to continue if he provides the letter?

Ashima, please refrain from hastily making a decision to simply fire a person. Take your time to consider the situation thoughtfully and professionally.

BGC Aberration vs. Negative Background Check Result

This appears to be a case of 'BGC Aberration' rather than a negative background check result. It's important to recognize and differentiate between the two.

Practical Advice for Handling BGC Aberration

Here is some practical advice: Reach out to the candidate for additional supporting evidence related to their employment. Clearly establish the employment type and the specific entity that employed them.

1. Avoid labeling the candidate's background check as negative; it would be inaccurate.
2. Provide the candidate with sufficient opportunity to present their case and request any necessary supporting documentation.
3. Redirect the background check inquiry back to the candidate, asking for the correct employer name and a new copy of the relieving letter for validation.
4. Treat the candidate with respect and fairness; avoid any actions that could lead to humiliation or victimization. Losing a qualified candidate over a minor discrepancy is not advisable.

Decisions in such situations are not always clear-cut. They should be based on a thorough review of information, supporting documents, and facts.

Thank you.

Dear Lekha, in the other post, I have mentioned my situation which is similar. The company wants to terminate me on the grounds of confusion. Can you please let me know how to approach and whom to approach to prevent the termination? I am really tense for the last couple of months. My family is dependent on me.

Aziz

Hello Ashima, this is indeed a serious issue. Different companies may treat this problem differently. However, if such a thing happens during background verification, it will be considered a misrepresentation of fact. Most companies in India terminate an employee in such cases. You too can do the same. Not to forget, some companies even accept apologies from employees if they have a valid reason or provide a letter. Therefore, have a word with the employee and try to resolve the problem amicably.

Hope this answer helps you.

Deciding on Misrepresentation

Whether this is a misrepresentation is something you have to decide based on the documents and facts. Since we do not know the reality, we cannot make the judgment.

You need to see if he made it very clear that he worked as a contractor or an outsourced employee. If he didn't, if he pretended to be directly employed, then the matter is of misrepresentation. If he gave you a fake experience letter, then it is a fraud.

Decision-Making Process

Whether you are to reject him or not again depends on your internal processes and regulations. I do not think you are qualified to make this decision. You probably need to take it to the HR Head or someone in the chain of command who can make the decision.