Employer insisting on background check after 2andhalf years of service
deevya
(Querist) 24 June 2012
This query is : Resolved
QUESTION: Hi,
i work in a mnc software firm from 2 and half years in the capacity of project manager
at the time of joining i was asked to submit offer letter or payslip or relieving or bank stmt of my all previous employers (it was like any of these docs)
for 2 of the past employers due to various unavoidable conditions i just had offer letter ,payslip and not the relieving letter as during that period relieving letter was not mandatory by my future employer
Now suddenly after 2 and half years my employer is asking me all the docs in terms of relieving letter and exp certificate...
as they say it is required now again due to their background verificaiton check initiation at this stage as somebody has made complaint of fraud or misrepresentation of personal data about me.
Company HR says me submit the docs for these 2 employers at the earliest...as for remaining 8 employers from my past they already got verification done.
I do not want to undergo all this testing now again in this phase of my career and want to resign now
My question is
>>can i resign during this phase of background verification case due to complaint lodged by somebody to company,As per employee contract i have 3 months notice period or notice payout at the discretion of mgmt
>>I want to resign and go for exploring another opportunity due to location constraints....please help me will my resignation at this time will be again putting me in trouble due to background check or post notice period service i can smoothly exit the company.
>>Also am i liable to give all the previous employement docs again to HR of company when i have served 2and half yrs
>>Terms and conditions of employement says 3 months noticeperiod and for misrepresentation of facts or fraud company can terminate an employee...whereas policy of company says incase of misrepresentation of facts or fraud company can terminate/penalise /can also go for legal action
we are also strictly governed by policy of the company
..what will happen if i resign now/should i not resign and let company come up with the results of background check first/as i m not aable to submit releiving letters to company for 2 employers it is better that i resign rather than company go for further action.
>> Post resignation and during my notice period service , can company still ask me for the documentation related to my previous employers...is there any related law to this point.
Pls pls help it is really urgent...any help/suggestions will be greatly APPRECIATED AND REMEMBERED FOR LIFETIME FOR your support in this hour of need.....many thanks !!!!!!!
Nadeem Qureshi
(Expert) 24 June 2012
Dear Querist
The employer have right to check the credibility of the employee at any time. It is also depend on the terms and conditions of the appointment and the company policy.
ajay sethi
(Expert) 24 June 2012
the issue involved is are guilty of misrepresentaion / have you surpressed facts from the company at time of joing the organisation .
if you have surepressed facts and your back ground checks will reveal the same then better to resign and exist company gracefully .if you dont resign and they come to know the truth they will terminate yourservices .
it would be biggest blot in your career
ajay sethi
(Expert) 24 June 2012
the cnaces are if you resign company may not proceed further with back ground checks . why waste money on employee who is leaving organisation ?
deevya
(Querist) 25 June 2012
Hi,
terms and conditions are very well known and yes they are allowed to do backgrnd check ne point of time.
Secondly suppression of facts is true in case of releving letters of past 2 employers as i have already have produced bank stmt,form 16,sal slip,offer letter,revised offer letter etc as proof.
But still present employer insist on exp cert and reliving letter...
Background check may or may not reveal the facts as there are equal chances of both the possibilities
I am in dilema which option to choose now
as this is superb job i donot want to leave...but still if i do not leave i may fall in trouble....
So please EXPERTS guide me here and help me come out of this terrible situation
further company is very big globally, and as far as i know them they will not care of money in terms of background check , as they might have already given contract of background check due to the fact already my past 6 employers have given green signal just 2 past employers are still being checked due to non availablity of relving or exp certificate...
Also what are the rights of employee, can he be still asked to submit documents of previous employemnet after putting down papers in terms of resignation.
Thanks a heap for your time and efforts here
Sincere Regards! Deevya
Guest
(Expert) 25 June 2012
You cannot stop the employer from making background check. You may better contact HR departments of the previous employers with request to help you to get out of the problem. No legal remedy.
chitra gupta
(Expert) 25 June 2012
the employer has every right to verify the particulars furnished by its employee at any point of time.....here,u have mentioned that somebody has made complaint against u and now it is recorded with ur hr.deptt(.)from ur post it is clear that u had suppressed some material facts while joining in ur present orgn....i am totally agree with(L)expert mr.ps dhingra that u may better contract hr.deptts of ur previous orgns.to get rid of the problems....and it should be as soon as possible for ur own interest.....thanks(.)
RAJU O.F.,
(Expert) 25 June 2012
If your hands are clean and nothing to hide, comply the requirements asked by the company; otherwise company may conclude that what they suspected were true and hence may proceed against you.
valentine thakkar
(Expert) 25 June 2012
My client is working in a reputed school as Principal in Punjab. A few years ago her husband was involved in establishing a cooperative bank and then misappropriation. My client being one of the directors was sent to jail for 15 days. The case ran for 3 years in the Tis Hazari Court. She was later on exonerated.
Now she wants to shift to another High School as a principal, but fears that her past record may pose a problem for her later on. I tried to find rules and laws in the Local Act, but could not make any headway. Please enlighten.
