Facing Job Offer Revocation Due to Overlapping Employment Records – How Can I Resolve This?

Hello Everyone,

I am stuck in a complete mess and need your advice on how to solve this.

Background of Employment Issue

During COVID, I was out of a job. For a temporary basis, I joined 'Company A' on 01-Feb-2020 for a few months until I found a job that fit my profile and found it in 'Company B'. However, 'Company B' only hired immediate joiners, and I did not have the luxury to serve a notice period and miss this opportunity. Therefore, I called my 'Company A' manager, spoke on the phone, and told them that I quit on '07-May-2020', returned the laptop on '08-May-2020', and joined 'Company B' on 13-May-2020. I did not showcase 'Company A' service to 'Company B' and told them I was unemployed during that period.

Current Situation with Company C

After 2 years, I got a better opportunity in 'Company C'. Now, during background verification for 'Company C' in the EPF portal, it has been updated as below:
Company A Service: 01/Feb/20 to 15/Jun/20
Company B Service: 13/May/20 to 01/Dec/22
(One month overlap in employment)

'Company A' did not consider me as 'Abscond' and did not terminate my employment immediately on '08-May-2020' as they should have. Instead, they paid me a salary for the entire month of 'May-2020', even though I had left the organization. They updated my last working day as '15-Jun-2020', and simultaneously, I also received a salary from 'Company B'. Hence, in the month of 'May-2020', I received payments from both companies with PF entry in EPF. I was very naive and did not think about the future consequences and kept the payment without question.

Challenges with Employment Verification

I did not showcase 'Company A' service to 'Company C' and told them I was unemployed during that short period. However, they still dug up that history and highlighted this overlap in employment by locating this data in the EPF portal. They revoked my offer, stating that it is illegal to have dual employment. No matter how many times I explained that I did not work simultaneously with two companies, they have revoked my offer. Now, I am unemployed, and they told me to contact 'Company A' to get this corrected. Even though I had not updated 'Company A' service on my resume and this is not counted in total experience, I'm not sure why 'Company C' is stressing on this overlap.

Attempts to Resolve the Issue

The only point of contact with 'Company A' is through email, and they did not let me inside the premises when I visited the office physically. They told me to voice my concern through email only. I have sent numerous emails to the HR team for the past few weeks, but they did not respond to even one. I am ready to refund the payment to 'Company A' and do whatever it takes, but without their response, I'm lost.

Please let me know how to get this issue solved as my entire career is at stake. The only option I think is left for me is to seek legal help.

Hello, For the PF exit date, companies consider the last working day of the employee. Discuss this with your HR personnel. You can try through a Joint Declaration by the member and the employer. Otherwise, you can visit your nearest PF Office for assistance. They will suggest a prompt and positive response to help resolve the issue.

Hi Alok, Thank you for your response. Yes, I agree that companies consider the last working day of the employee as the PF Exit date, but in my case, I had already left the organization without serving the notice period, and they still continued to pay me a salary and extended my last date of their choice, which has caused this problem of overlap.

Also, 'Company A' is not responding at all to any of my emails, and I do have this 'Joint Declaration Form' with me. However, if they are not replying to me at all, how do I get their stamp and signature on that form to submit to the PF office?

Please advise on how to make this company take this seriously and reply to me. Would a letter from a lawyer suffice, or would that make it worse? Because an individual fighting against a corporation will never win.

Regards

Hi, even I am facing the same issue in my PF account regarding dual employment. Any solutions?

Hi, has your issue been resolved? Please provide some feedback for others. Thank you.

Have you found any resolution? I am in the same situation. Is the employer checking service history through UAN? Is there any way to delete this unwanted member entry?

I encountered the same issue and need a solution. Has anyone tried discussing this situation with the new company, and did they accept it?

Hi, any solution for this? I am also stuck with the same issue. If we mention to the employer's HR upfront before joining their company, will they accept our dual employment?