Hi, I'm a mid-level manager in a company with a court proceeding for sections 354, 417, and 506 filed by my ex-fiance after our marriage talks failed. Mostly, the case is fabricated, and it's likely to close in the next year.
Right now, I've successfully cleared an interview for a similar role in a different company (an age-old large Indian company that operates in the finance domain). I'd be having a discussion with HR to negotiate my salary, and I'm planning to inform them regarding my criminal proceedings.
Is it wise to disclose legal proceedings to HR?
Is it wise to do this until asked? Will it be a black mark for me at this point if it is mentioned?
How to disclose legal issues during HR discussions
If I do have to mention it, what's an easy way to put it forward?
Any help regarding this will be much appreciated!
From India, New Delhi
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Right now, I've successfully cleared an interview for a similar role in a different company (an age-old large Indian company that operates in the finance domain). I'd be having a discussion with HR to negotiate my salary, and I'm planning to inform them regarding my criminal proceedings.
Is it wise to disclose legal proceedings to HR?
Is it wise to do this until asked? Will it be a black mark for me at this point if it is mentioned?
How to disclose legal issues during HR discussions
If I do have to mention it, what's an easy way to put it forward?
Any help regarding this will be much appreciated!
From India, New Delhi
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Dear member,
You are booked under sections 354, 417, and 506 of the IPC, which are all criminal offenses. Therefore, the court must have released you on bail.
Yes, you can disclose them voluntarily but at the last stage. Let the company issue you the offer letter. Do not resign immediately upon receipt of the offer letter. Clarify your legal position by quoting the court case number, where the hearing is taking place, etc.
If the company asks for disclosure before issuing the offer letter, then you need to disclose the cases against you anyway.
In the meantime, let your lawyer talk to the other party's lawyer and find out the scope of mediation. Nobody can predict how long the court cases can drag on. Ordinary people cannot live peacefully if they have to visit the court for innumerable hearings.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072You are booked under sections 354, 417, and 506 of the IPC, which are all criminal offenses. Therefore, the court must have released you on bail.
Yes, you can disclose them voluntarily but at the last stage. Let the company issue you the offer letter. Do not resign immediately upon receipt of the offer letter. Clarify your legal position by quoting the court case number, where the hearing is taking place, etc.
If the company asks for disclosure before issuing the offer letter, then you need to disclose the cases against you anyway.
In the meantime, let your lawyer talk to the other party's lawyer and find out the scope of mediation. Nobody can predict how long the court cases can drag on. Ordinary people cannot live peacefully if they have to visit the court for innumerable hearings.
Thanks,
Dinesh Divekar
From India, Bangalore
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Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf