I have been terminated from my company without notice, and they are saying that my background verification failed twice. However, after speaking with my previous employer and resolving all issues with them, they confirmed to my HR and manager via email that I am in the right. Despite this, my current company insists that they cannot do anything about the situation and that I must leave the organization. They also mentioned that any communication should not directly come to them but should instead be routed through a third party responsible for verifications.
I joined this company on May 20, 2015, and I am still in the probation period. I have asked my HR to provide me with a statement via email explaining the reasons for my termination, but they refuse, suggesting that I go to court for an explanation.
Please advise me on what steps to take next.
From India, Delhi
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I joined this company on May 20, 2015, and I am still in the probation period. I have asked my HR to provide me with a statement via email explaining the reasons for my termination, but they refuse, suggesting that I go to court for an explanation.
Please advise me on what steps to take next.
From India, Delhi
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Dear Satish,
You have written about what your present company is doing with you, but when you left your previous company, were there any issues pending with them? Did you obtain your employment-cum-service certificate from them? If yes, were there any special remarks on it?
It appears that after joining, your company initiated the background verification process. In this process, your previous company gave a negative report. Based on this report, the HR of your company told you to quit the organization. Meanwhile, you received an email from your previous company stating that your discharge was smooth. However, this email seems to have had no effect on them. Please confirm whether my interpretation is correct.
In hindsight, it can be said that you could have ensured your smooth discharge from the previous company. Had that been the case, you would not be facing the situation you are in today. For your reinstatement, you may approach the previous company and request them to send the corrected report to the background verification agency. They should have the contact details of the agency on record. Nevertheless, it remains to be seen how far your present company will accept a fresh report and show clemency in order to restore the employer-employee relationship.
If your exit from the previous company was indeed smooth and by chance, if your previous company had sent the negative report to the BGV agency erroneously, then you may immediately contact a lawyer and obtain a stay order on your termination. You could also consider taking legal action against your previous company for their mistake. However, I consider this possibility to be remote.
Regarding the haughtiness of your HR, my advice is to simply ignore it. Haughty individuals exist in every walk of life, and the one you dealt with is no exception.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072You have written about what your present company is doing with you, but when you left your previous company, were there any issues pending with them? Did you obtain your employment-cum-service certificate from them? If yes, were there any special remarks on it?
It appears that after joining, your company initiated the background verification process. In this process, your previous company gave a negative report. Based on this report, the HR of your company told you to quit the organization. Meanwhile, you received an email from your previous company stating that your discharge was smooth. However, this email seems to have had no effect on them. Please confirm whether my interpretation is correct.
In hindsight, it can be said that you could have ensured your smooth discharge from the previous company. Had that been the case, you would not be facing the situation you are in today. For your reinstatement, you may approach the previous company and request them to send the corrected report to the background verification agency. They should have the contact details of the agency on record. Nevertheless, it remains to be seen how far your present company will accept a fresh report and show clemency in order to restore the employer-employee relationship.
If your exit from the previous company was indeed smooth and by chance, if your previous company had sent the negative report to the BGV agency erroneously, then you may immediately contact a lawyer and obtain a stay order on your termination. You could also consider taking legal action against your previous company for their mistake. However, I consider this possibility to be remote.
Regarding the haughtiness of your HR, my advice is to simply ignore it. Haughty individuals exist in every walk of life, and the one you dealt with is no exception.
Thanks,
Dinesh Divekar
From India, Bangalore
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Besides what Divekarji has said, I feel that background verification should be done before sending the offer, as is done in Central government job offers. It is a different matter if a certificate is found wrong; then later, the appointment can be canceled. But after having joined the job, terminating an employee on poor or negative background grounds is not a reasonable cause. As said by Divekarji, sue the company for illegal termination. In this process, when the company files their reply referring to communication of the previous company's goof-up, then sue for damages against that company also so that they may not dare in the future to recur the wrong to the queriest.
Thanks, Sushil
From India, New Delhi
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Thanks, Sushil
From India, New Delhi
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Background Verification.do c
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf