Probable response to legal notice

If the employer or any HR personnel has issued false information (and you have the evidence) and on the top of that employer stand volt faced it shall be compounding its troubles.

You may instead of becoming apprehensive get hold of the copy of BGV from employer to whom the BGV with false information has been provided.

The lawyer that has issue the legal notice would know how to handle the matter.

If the promoters are sensible they should and they shall rather pull the Hr personnel that have entered false entries in your personnel file.

You may become member of a national or local trade union.

Concocted and false information in BGV has become a nuisance and employees should join hands and form unions to handle this nuisance.

If you drill sense into the heads of HR personnel who resort to such nuisance once, they shall be reformed for rest of their career if any is left for them.

Dear Mr. Kumar Doab:

Thank you very much for your response. Unfortunately, my prospective employer is not ready to share the copy of false feedback they received. But, verbally they have conveyed it to me (I do have a voice clip).

Now, my concern is how can I proceed further without having copy of feedback? Also, what are the probable options for my past employer once I issue a legal notice? Is it possible for them to file a case against me on the basis of that notice simply to harass me?

Thank you.

 You are already being counselled by your able lawyer. Your lawyer shall advice and defend you.

If there was anything negative about you during employment then employer should have shared every negative entry with you and that too in reasonable time.

Every entry poor, fair, average, good or very good..........................must be communicated to him/her within a reasonable period

Supreme Court of India

Sukhdev Singh vs Union Of India & Ors. on 23 April, 2013

>> The voice clip establishes that prospective employer has engaged into running a BGV/reference check on you and has received a feedback also from the past employer and it is in its custody. This feedback given by past employer is negative (untruthful) and has resulted into loss of employment from prospective employer and loose out on income.

Till the time the past employer keep untruthful record in your personnel file maintained by it, it shall continue to say and write untruthful and falsified statements about you and damage your image/market value/ employability/reputation/fame ..................and you hall continue to suffer damages.

>> If the past employer is interested to respond to a reference check then it should state absolutely accurate things or it may suffer lawsuit.

If this feedback is falsified then are aggrieved due to it and have the right to obtain the copy and the past employer should be in a position to justify the truthfulness of the contents.

Has the prospective employer paid you the expenses you have incurred on attending interview and to meet its demands e.g. submitting certificate copies, taking printouts etc..................................??

Did it issue any selection letter, offer letter?

Is it denying to reimburse now and to appoint due to negative BGV?

Another perspective is that prospective employer might have not entered into reference check directly ad might have engaged a third party. This third party might have obtained the BGV in writing or might have called on phone the line managers, colleagues and HR..............................and might have prepared a report. This third party should have collected and seen factual and actual and truthful data before writing the comments and should have substantiated with docks.

You should approach the prospective employer in writing and demand certified copies of your job application and all interview notes and BGV, reference checks..................If the company and its HR does not reply approach a lawyer and let your lawyer write a letter on your behalf, or opening a case for you and subpoenaing your application records.

>> All said and done you may approach the lawyer specializing in criminal cases, defamation, and discriminatory retaliation.............malicious intent..................etc

>> Tactically you can ask a third party to run a check o you and handover the copies to you. Smart one does it.

Do something to defend your interest. Your action may make them wet their pants.

Let the truth come out forever and set you free from the injuries forever.

Approach and join trade unions too.