I (India) was terminated from a service based organization based out of USA where I have worked for 5 years in data analytics and research. I had resigned to seek opportunity in another organization. On the last day of my notice period, I was taking some personal data from my work laptop to my personal drive. This was flagged by the IT and they claimed there were couple of proprietary company files in there as well, but I deleted them as soon as they informed and no data was shared to 3rd party. Yet they handed me a termination letter. They gave me my complete full and final settlement. I somehow managed in the new organization but after a month the background verification (BGV) came from the previous company. I had a long discussion with the HR, but after their internal discussions, they let me go with a clear exit (I am assuming they'll give me clean exit letters with an experience of ~2 months). I've requested the previous HR a lot but they haven't budged despite my reporting manager and director supporting me. Right now I am jobless. I have a couple of questions,
1. What are my chances to get my name cleared in this and get my termination revoked? Does legal route make sense or will that just be asking for more trouble?
2. I have talked to some people and they say it'll be close to impossible for a company to hire me as this might cause issues with the clients. How true is that? Is that limited to just service-based companies?
3. How far back do companies go for BGV checks, as in do they check for just the last company or last 2-3 companies or all the companies I have ever worked at?
4. How can I proactively handle background checks going forward? Should I disclose the termination or not unless asked?
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1. What are my chances to get my name cleared in this and get my termination revoked? Does legal route make sense or will that just be asking for more trouble?
2. I have talked to some people and they say it'll be close to impossible for a company to hire me as this might cause issues with the clients. How true is that? Is that limited to just service-based companies?
3. How far back do companies go for BGV checks, as in do they check for just the last company or last 2-3 companies or all the companies I have ever worked at?
4. How can I proactively handle background checks going forward? Should I disclose the termination or not unless asked?
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Dear member,
What has happened with you is unfortunate. However, we have to find a remedy.
In the last year, two people approached me with the same problem that you are facing. I helped them in getting the negative remarks removed in the relieving letter that the company issued them. Feel free to contact me. My services will be pro bono.
Very recently, the Delhi High Court penalised India's IT bellwether Wipro for issuing the defamatory relieving letter and imposed a penalty of ₹2 Lakh for a similar case like yours. You can check Google to learn more about the case. You can check the following link:
https://timesofindia.indiatimes.com/business/india-business/character-assassination-delhi-hc-asks-wipro-to-pay-rs-2-lakh-for-defamation-of-ex-employee-termination-letter-full-of-stigma-and-insinuations/articleshow/122619760.cms
Thanks,
Dinesh Divekar
From India, Bangalore
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8094What has happened with you is unfortunate. However, we have to find a remedy.
In the last year, two people approached me with the same problem that you are facing. I helped them in getting the negative remarks removed in the relieving letter that the company issued them. Feel free to contact me. My services will be pro bono.
Very recently, the Delhi High Court penalised India's IT bellwether Wipro for issuing the defamatory relieving letter and imposed a penalty of ₹2 Lakh for a similar case like yours. You can check Google to learn more about the case. You can check the following link:
https://timesofindia.indiatimes.com/business/india-business/character-assassination-delhi-hc-asks-wipro-to-pay-rs-2-lakh-for-defamation-of-ex-employee-termination-letter-full-of-stigma-and-insinuations/articleshow/122619760.cms
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear member,
Your are facing a tough situation after being terminated from their previous company due to allegations of taking proprietary files. Here are some points to consider for each of your questions:
1. Chances of getting termination revoked:
- The chances of getting the termination revoked might be low, especially since the company has already given a full and final settlement.
- Pursuing a legal route could be an option, but it's essential to weigh the potential benefits against the costs and potential consequences.
- You could consider consulting with an employment lawyer to discuss their options and determine the best course of action.
2. Impact on future job prospects:
- The impact of a termination due to allegations of misconduct can vary depending on the company and industry.
- Some companies might view this as a significant issue, while others might be more understanding.
- It's not limited to service-based companies; any company might consider this when evaluating a candidate's background.
- Your should be prepared to address this issue during future job applications and interviews.
3. Background check scope:
- The scope of background checks can vary depending on the company and industry.
- Some companies might only check the most recent employer, while others might verify multiple previous employers or even all employers.
- You should be prepared to disclose information about their previous employment and termination if asked during the background check process.
4. Proactive handling of background checks:
- Your fshould be honest and transparent about their previous employment and termination if asked during the background check process.
- If not asked directly, it's generally not recommended to disclose the termination unless it's relevant to the job application.
- You can prepare a clear and concise explanation for the termination, highlighting their perspective and any mitigating circumstances.
- It's essential for you to demonstrate what they've learned from the experience and how they've grown professionally.
Here's a possible response you could use when explaining the situation:
"I was terminated from my previous company due to allegations of taking proprietary files, which I strongly dispute. However, I cooperated with the investigation, and the matter was resolved with a full and final settlement. I've learned from the experience and am committed to upholding the highest standards of professionalism in my future roles."
You should tailor their response to their specific situation and be prepared to address any concerns or questions that arise during the background check process.
As for advice, your might consider the following:
- Focus on rebuilding your professional network and making new connections in ndustry.
- Highlight their skills, experience, and achievements in their resume and online profiles.
- Be prepared to address the termination and background check issues in a clear and concise manner during job applications and interviews.
- Consider working with a career coach or mentor to develop a strategy for their job search and professional growth.
I hope this helps your navigate your situation
Good luck
From India, Chennai
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Your are facing a tough situation after being terminated from their previous company due to allegations of taking proprietary files. Here are some points to consider for each of your questions:
1. Chances of getting termination revoked:
- The chances of getting the termination revoked might be low, especially since the company has already given a full and final settlement.
- Pursuing a legal route could be an option, but it's essential to weigh the potential benefits against the costs and potential consequences.
- You could consider consulting with an employment lawyer to discuss their options and determine the best course of action.
2. Impact on future job prospects:
- The impact of a termination due to allegations of misconduct can vary depending on the company and industry.
- Some companies might view this as a significant issue, while others might be more understanding.
- It's not limited to service-based companies; any company might consider this when evaluating a candidate's background.
- Your should be prepared to address this issue during future job applications and interviews.
3. Background check scope:
- The scope of background checks can vary depending on the company and industry.
- Some companies might only check the most recent employer, while others might verify multiple previous employers or even all employers.
- You should be prepared to disclose information about their previous employment and termination if asked during the background check process.
4. Proactive handling of background checks:
- Your fshould be honest and transparent about their previous employment and termination if asked during the background check process.
- If not asked directly, it's generally not recommended to disclose the termination unless it's relevant to the job application.
- You can prepare a clear and concise explanation for the termination, highlighting their perspective and any mitigating circumstances.
- It's essential for you to demonstrate what they've learned from the experience and how they've grown professionally.
Here's a possible response you could use when explaining the situation:
"I was terminated from my previous company due to allegations of taking proprietary files, which I strongly dispute. However, I cooperated with the investigation, and the matter was resolved with a full and final settlement. I've learned from the experience and am committed to upholding the highest standards of professionalism in my future roles."
You should tailor their response to their specific situation and be prepared to address any concerns or questions that arise during the background check process.
As for advice, your might consider the following:
- Focus on rebuilding your professional network and making new connections in ndustry.
- Highlight their skills, experience, and achievements in their resume and online profiles.
- Be prepared to address the termination and background check issues in a clear and concise manner during job applications and interviews.
- Consider working with a career coach or mentor to develop a strategy for their job search and professional growth.
I hope this helps your navigate your situation
Good luck
From India, Chennai
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(Fact Checked)-Your advice is spot-on! Transparency, preparation, and professional growth are key in overcoming this challenge. Keep sharing such valuable insights! (1 Acknowledge point)
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Legal Notice for Breach of Notice Period .docx
CiteHR.AI
(Fact Checked)-Your advice is sound and the case reference is accurate. Offering pro bono help is commendable. Keep sharing your expertise! (1 Acknowledge point)