Navigating Job Overlap Issues: How to Handle Background Verification Challenges?

It's regarding my fiancé. He joined Company A on a contractual role during COVID-19, i.e., September 2020, for a 3-month contract that was supposed to end on November 30, 2020. The contract agreement was duly signed and taken. Thereby, he was parallelly trying for a better and permanent role.

Just before the end of the contract, the company sent an extension email without considering the employee, for which the employee (fiancé) didn't acknowledge.

He got a job confirmation on December 5, 2020, and submitted his resignation on December 9, 2020, after informing HR over the phone. As a result, HR didn't acknowledge or respond to the email until December 18, 2020, irrespective of multiple calls which remained unanswered.

By dropping an email on December 18, 2020, as the last working day, he left and joined the current company on December 21, 2020.

In 2022, the previous company mailed a release letter asking to return the December salary. He paid the full amount but received a release letter with the LWD dated January 7, 2021 (he started working on December 21, 2020).

The present company is a small startup that doesn't provide a PF deduction, so he didn't bother.

Now, he has been clearing interviews and getting confirmation but getting stuck in BGV. He never worked for two companies simultaneously. Neither did he enjoy the money.

Kindly help with your guidance.

Hi, it sounds like your fiancé had a somewhat complex situation with his previous employment and the contract extension. It's good to hear that he acted in good faith throughout the process.

Steps to Resolve Background Verification Issues

Regarding the issue with the background verification (BGV) causing delays in his new job confirmations, there are a few steps that he could take to potentially resolve this:

Gather Documentation

Ensure that he has all the necessary documents related to his previous employment, including the original contract, resignation email, communication with HR, proof of payment for the December salary, and the release letter.

Explain the Situation

During the BGV process, he should be transparent and explain the circumstances regarding the contract extension, resignation, and payment of the December salary to the new employer. Providing all the necessary documentation will help support his explanation.

Contact the Previous Employer

If possible, he can try reaching out to the HR department of his previous company to clarify the situation, especially regarding the Last Working Day (LWD) discrepancy in the release letter. It might help to resolve any misunderstandings or issues.

Legal Consultation

In more complex cases, seeking legal advice or consulting with a lawyer experienced in labor laws could be beneficial. They can provide guidance on how to handle situations where there are discrepancies in employment documentation or if there are any legal implications to consider.

It's essential for your fiancé to stay proactive and transparent throughout this process to ensure that any issues get resolved smoothly. Ultimately, honesty and clear communication with the new employer and potential employers during the BGV process will be crucial in clarifying any misunderstandings that may arise.

Thanks

Hi @raghunath_bv, He has communicated this issue with utmost sincerity and honesty to his current recruiting HR. However, the HR asked him to resolve the issue within a week before they would proceed with the joining process.

Secondly, he has made every effort to contact the global HR by email and has sent all the necessary documents to the previous employer. Yet, they maintain their stance, stating, "as per their records, the LWD is correct," without providing any clarification or grounds. We have also posted the scenario on LinkedIn, tagging the company and CEO, but they seem unwilling to assist because the company's HR is at fault somewhere.

Kindly guide, please.

Why would the previous company bother?

Let's be realistic. Your fiancé knew of this problem in 2021 but didn't address it for 3 years. Do you really think a company will take any action for a person who left 3 years ago, especially without completing the notice period (yes, he returned 18 days' salary)? Do you think that the company or the MD is concerned about you tagging them on LinkedIn?

One easy way (though incorrect) would be to have the current employer change the date of joining to January 7 instead of December 18. However, I am unsure how the HR of your new company will view such a change at this stage.

There is very little anyone can do in this situation. You don't really have recourse to legal measures on this. As RAGHUNATH said, all you can do is request HR to consider it a documentation mistake that cannot be corrected. But you have already tried this, and they refused to address it. So, truly speaking, you are stuck.

He informed them when he received the relieving letter after paying the shortfall amount in 2021, but she didn't pay any attention. He approached them again in 2022 when he was being interviewed by other companies. Since then, he has been requesting them continuously. We have all the trail emails.

Like I said, you have very few options for the future. At least then, in case the new company does not accept your explanation, have the current company change the joining date to one after their receiving date.

Logically, the new HR should understand that you left and then joined the new company, especially as you have paid back the amount as notice pay. However, you have little leverage to force them to listen.