About background verification in comapany

Legal Help (Querist) 25 May 2013 This query is : Resolved
One of client(say Sridhar) showing 2 years of working experience on a small company (say ABC Company which is not a valid company) and entry to a medium level company (say DEF company) and he was working there for 3 years, after that he shifts his job from DEF Company to big company (say XYZ Company) by showing last 3 year experience i.e. experience on DEF company not showing experience on ABC Company.

Now my question is that when the company XYZ does the background verification ,is there any problem to my client regarding ABC Company which is not a valid company as he is not showing ABC Company to XYZ Company.

Please suggest me on above issue.

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ajay sethi (Expert) 25 May 2013
he has surpreseed material facts . since abc company is not in existence how can he show he has worked in said company for 2 years .

Anirudh (Expert) 25 May 2013
There is no legal issue at all in the matter.

The background check is being conducted by the new company only to verify the veracity of the statements/declarations made by its employee.

In the instant case, he has not indicated the particulars of his employment with ABC company. Therefore, while conducting the background check, if the new employer comes to know that in the earlier place he has indicated that he had worked with ABC, then the new employer may ask him why he has not mentioned the fact that he worked with ABC. At that time the employee should have appropriate/convincing answer (say, since for the present employment you only wanted 3 years experience, I indicated only my immediate employment with DEF Company etc.).

If the new employer finds that the explanation is not satisfying or that the employee has not revealed the full facts or has deliberately hid some facts etc., then the new company may not like to keep the employee but would like to terminate his services. THAT IS ALL.

Guest (Expert) 25 May 2013
Normally, the present employer makes background check only from the company mentioned by the job seeker about the period of work experiene, status of the post held and the nature of job shown by him in his application.

However, if the responding company provides more information about his past application with the company, that can prove to be harmful for the employee, as a case of getting job through cheating and fraudulent manner.

V R SHROFF (Expert) 25 May 2013
His efficiency and merit will be considered against his cheating and fraud. XYZ Co. will retain/ stop promotion, not post him on confidential and important post, depending on impact on his Sr. Mgr.