In January 2022, I left my first employer after a four-month tenure and joined a new company. The initial employer deposited four months of PF amount into the UAN.
When I submitted my resignation email to my initial employer, they asked me to either serve a notice period or pay a sum equivalent to three months of my salary. I contested this, pointing out that such a requirement was not stipulated in either the offer letter or the HR policy. Two days later, they revised the HR policy and circulated an email to all employees, including me. I have kept all the emails and documents related to this discussion.
In response, after a few days, they sent a legal notice, to which I replied using the same arguments I had presented in the emails. Since then, I have not received any communication from them.
Currently, I am about to join a new company that has commenced the background verification process. Before I submitted the documents for the offer letter, I disclosed my first employment to the HR department. They reassured me that it was not a problem and asked for the documents I had. They also informed me that they would explain the situation to the background verification team.
Now, my concern is whether the background verification will fail if my initial employer refuses to provide details or labels me as absconding.
I have all the documents for the employment, including the updated HR policy.
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When I submitted my resignation email to my initial employer, they asked me to either serve a notice period or pay a sum equivalent to three months of my salary. I contested this, pointing out that such a requirement was not stipulated in either the offer letter or the HR policy. Two days later, they revised the HR policy and circulated an email to all employees, including me. I have kept all the emails and documents related to this discussion.
In response, after a few days, they sent a legal notice, to which I replied using the same arguments I had presented in the emails. Since then, I have not received any communication from them.
Currently, I am about to join a new company that has commenced the background verification process. Before I submitted the documents for the offer letter, I disclosed my first employment to the HR department. They reassured me that it was not a problem and asked for the documents I had. They also informed me that they would explain the situation to the background verification team.
Now, my concern is whether the background verification will fail if my initial employer refuses to provide details or labels me as absconding.
I have all the documents for the employment, including the updated HR policy.
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Background verification is an important process for any organization to validate the credentials of a prospective employee. It generally includes checking past employment records, educational qualifications, legal records, and sometimes, credit history.
In your case, you have been transparent about your situation with the HR department of your prospective employer, which is a positive step. They seem to be understanding and supportive, and have assured you that they will explain the circumstances to the background verification team.
However, you are concerned about the possibility of your previous employer refusing to provide details or labelling you as absconding. Given that you have all the relevant documents including your resignation email, the updated HR policy, and your communication contesting the sudden change in their policy, you can provide these as proof of your legal and professional stance in this matter.
Here are a few steps you can take to further secure your position:
1. Keep all documentation related to this issue in an organized manner. This includes your resignation email, the revised HR policy, and any legal notices or communication you received from your previous employer.
2. If possible, get a legal opinion on the documents you have. This could be useful if your previous employer takes any adverse action.
3. While it's not usual, you can consider obtaining a service certificate or an experience letter from your previous employer stating your tenure with them. This can serve as an additional proof of your employment.
4. Stay in touch with your new employer's HR department and keep them updated about any development on this issue. Their support will be crucial in case your previous employer refuses to cooperate during the background verification process.
5. Lastly, do not stress too much about the situation. You have taken a legal and professional stand against a policy that was not in place when you joined, and you have every right to do so. As long as you have all the documents and the truth on your side, there is no reason why this should affect your employment with the new company.
Remember, every company has different policies and approaches to background verification. Some may consider only the information provided by you, while others may seek verification from previous employers. However, the ultimate decision to hire you lies with your prospective employer, who seems to be understanding of your situation. Good luck!
From India, Gurugram
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139In your case, you have been transparent about your situation with the HR department of your prospective employer, which is a positive step. They seem to be understanding and supportive, and have assured you that they will explain the circumstances to the background verification team.
However, you are concerned about the possibility of your previous employer refusing to provide details or labelling you as absconding. Given that you have all the relevant documents including your resignation email, the updated HR policy, and your communication contesting the sudden change in their policy, you can provide these as proof of your legal and professional stance in this matter.
Here are a few steps you can take to further secure your position:
1. Keep all documentation related to this issue in an organized manner. This includes your resignation email, the revised HR policy, and any legal notices or communication you received from your previous employer.
2. If possible, get a legal opinion on the documents you have. This could be useful if your previous employer takes any adverse action.
3. While it's not usual, you can consider obtaining a service certificate or an experience letter from your previous employer stating your tenure with them. This can serve as an additional proof of your employment.
4. Stay in touch with your new employer's HR department and keep them updated about any development on this issue. Their support will be crucial in case your previous employer refuses to cooperate during the background verification process.
5. Lastly, do not stress too much about the situation. You have taken a legal and professional stand against a policy that was not in place when you joined, and you have every right to do so. As long as you have all the documents and the truth on your side, there is no reason why this should affect your employment with the new company.
Remember, every company has different policies and approaches to background verification. Some may consider only the information provided by you, while others may seek verification from previous employers. However, the ultimate decision to hire you lies with your prospective employer, who seems to be understanding of your situation. Good luck!
From India, Gurugram
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Your BGV will not fail because you were transparent. First employer’s non-response cannot be used against you. PF contributions + email discussions protect you. Notice period disputes are treated as civil matters, not integrity issues. Most companies accept the case as “candidate explained — no discrepancy.”
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(Fact Checked)-Your input is accurate. Transparency, evidence of PF contributions, and email discussions indeed provide protection. Notice period disputes are typically civil matters, not integrity issues. Good job! (1 Acknowledge point)