Bad reference given by my old company in my relieving letter

1. You have posted that:

 

---“My previous boss orally said me that he will screw my life by giving bad reference in my experience letter.”

You couls and should have minuted it in writing to good offices of appointing authority,MD,Chairman,Director,Propr. Etc…………….and even Employee’s/IT-ITeS Employee’s/Trade Unions/Works Committee/GRC, Inspector appointed under Shops and Estb.Act, O/O Labor Commissioner and even police………………….thru your lawyer.

What is this Boss::::a Manager or Owner?

----“My new company is located in Pune and I said all these matter to my new HR. He just said me to submit the proofs and I sent him my resignation mails and recent hike letter.”

Once again you have resorted to verbal transactions.You could have and should have submitted the facts in writing.

However the HR of new company seems to have understood the matter by making note of recent wage hike and comments of good conduct.

 

---“I have relevant proofs like my resignation mails, recent hike letter which says my performance was good.”

The recent hike was given if performance and conduct was good……………………and perfromance has been duly recorded as good in writing.

 

---“My previous employer wanted me to stay back but I insisted so he gave me a bad reference in my experience letter by saying "The performance of Mr.X during his tenure was average and conduct is not satisfactory" in my experience.”

 

This contradicts the statement in wage hike letter………………and is aparently a case of discriminatory retaliation……………………and even defamation…………….

 

Here his tenure signifies from DOJ-LWD and letter given is experience letter hence the establsihment shall fail to contend that tenure cited is after date of wage hike and upto LWD.

 

1. “I worked for a small company in Bangalore for 3.5 yrs(Nov 2011 to March 2015).I resigned it on 12 December 2014 and served 3 months notice period .”

 

What is this establishment: Commercial,Industrial?

What is its trade: It,Banking etc?

How many persons are employed in it?

What was your designation and nature of duties:::how many persons were reporting to you:::Did you have power to sanction ( or recommend…….clarify) leave/increment/appoint/terminate?

You were located in which state:::;your reporting office and Redg. Office of the company was located in which state?

Do you have appointment letter:::HR policy/service rules and regulations stated in appointment letter,salary slips,PF number,ESIC card,I.Card,Form16,releiving letter,acknowledgment of handover of charge/assets,NOC/NDC etc?

What is the notice period inserted in appointment letter?

Are you a member of Employee’s/IT-ITeS Employee’s/Trade Unions/Works Committee/GRC

 

1. “I wanted to know that will this bad reference in my experience letter will cause any problems if I try to change my job in future.”

Yes it can.

 

You may reply pointwise to each point.

 

ISSUE A NOTICE TO THE PAST COY TO PROVE WHERE YOU PERFORMED BADLY, IF FAILED, ISSUE A NOTICE AGAIN THAT YOU WOULD MOVE LIQUIDATED DAMAGES ON THE SO CALLED COMPANY.

ISSUE A NOTICE TO NEW COMPANY ON THE BAD REFERENCE IT REJECTED YR APPLICATION, ASK THEM WHEN IT IS NORMAL WHEN A PERSON RESIGNS, THE COMPANIES TODAY DO NOT GIVE ANY GOOD REFERENCE, WHAT VALIDITY IS THE REFERENCE UNLESS IT PROVES IN THE RESPONSE TO REFERENCE DID THE OLD COMPANY EXPLAIN WHY BAD HAS TO BE CLEATLY STATED NT JUST BY BLAD STATEMENTS LIKE 'BAD'.

 

IF IT CANNOT WHY SHD YOU NOT MOVE LIQIDATED DAMAGES ON THEM AND THE LIKE..THAT WAY ALL EMPLOYEES WOULD START QUESTIONING THE HRD DEPTS EVERY WHERE THAT FEAR WOULD MAKE EMPLOYERS BEHAVE BETTER, .

If the adverse report by the previous company affected you or your career, you can very well issue legal notice to the previous company on defamatory charges stating that there was no incidence during the entire employment tenure to warrant such a remark against you hence ask him to withdraw the adverse report or remarks or to pay damages.  This notice copy can be sent to the new employer too for reference purpose. Consult a local lawyer and proceed as per his further advise. 

Dear Kumar,

                       Here is a pointwise answer to your question inlined in Red.

 

What is this establishment: Commercial,Industrial?

It is a commercial.Its basically a small IT firm.

What is its trade: It,Banking etc?

IT services software.

How many persons are employed in it?

Around 70 members

What was your designation and nature of duties:::how many persons were reporting to you:::Did you have power to sanction ( or recommend…….clarify) leave/increment/appoint/terminate?

No

You were located in which state:::;your reporting office and Redg. Office of the company was located in which state?

I was located in Bangalore.Head office is also in Bangalore

Do you have appointment letter:::HR policy/service rules and regulations stated in appointment letter,salary slips,PF number,ESIC card,I.Card,Form16,releiving letter,acknowledgment of handover of charge/assets,NOC/NDC etc?

Yes i do have appointment letter.,PF number,Salary slips,ESIC card,releiving letter.I do have my resignation mails and reply for that.

Actually in my appointment letter notice perios was 2 months only but later they sent a HR policy mail that notice period is now 3 months.

What is the notice period inserted in appointment letter?

2 Months.

Are you a member of Employee’s/IT-ITeS Employee’s/Trade Unions/Works Committee/GRC

No

Can i approach labour court while i am in Pune.

 

You have not replied to all points.

 

Hope you will take it in positive spirit.

Why employees suffer?

Because the non united employee’s are viewed as ill informed, without any support, loners, and are susceptible to exploitation…………………….by unscrupulous employers.

The employee’s that stay in such expensive cities as paying guests, away from their homes are more susceptible since they have expenses to bear and those working on low salary don’t have reserves.

Employers know that they will count every penny won’t like to spend for legal consultation with a lawyer.

The non united employee’s are unaware of the labor laws and their rights.

 

 

 

The IT/ITeS/BPO companies are covered by Shops and Commercial Establishments Act and standing orders (certified/model) are applicable and in Karnataka these are covered by Karnataka Shops and Commercial Establishments Act…………………….and service conditions like …………notice period is covered by this Act and standing orders.

The state of Karnataka had ended the exemption granted to IT companies from standing orders and such companies were directed to submit draft standing orders for certification. You may check if the tenure of your employment was covered.

The 90 days notice period was beneficial for employer and detrimental for your interest and can be termed arbitrary. The change in service conditions has to be notified 21 days in advance and accepted by employee…….as per ID Act.

Nevertheless you have posted that you served 90 days notice period……………………..but your employer/manager wanted you to cancel the notice/resignation and to stay against your wishes and when you declined became vindictive/zealous/discriminative and falsified the record………………….which is offence………………………..

 

Get into the habit of recording and minuting the discriminating/detrimental events in writing under proper acknowledgment.

The Acts, contact details of Inspectors appointed under the Acts, Trade Unions is available at Dept. of Labor website of Karnataka…………..

Employee can file complaint at his last location, location of  HO/Redg. Office/Corporate/Branch office of the company and location mentioned as jurisdiction in appointment letter……………

If company does not have any office in Maharashtra/Pune you may approach various IT/ITeS employee’s Trade Unions leaders………………………and they can help you from Pune as well.

Shiv Sena had floated a separate IT employee’s union wing…..

 

You should preferably proceed further under the expert guidance of an able Labor Law consultant/Service matters lawyer/law firm.

Your counsel can advise you further.

 

 

 

Dear Kumar,

                     Thanks for your inputs.Thanks to all of you who replied.I am in a very ambigious state.

If it is a false report you can file criminal cae of defamation.

Ambigious liternally in Hindi is: [sandigdha],[anēkārthī],[aspaṣṭa]

Your query is clear, the response to your query is clear.

The recourse is clear.

Approach your counsel(s) with confidence.

The trade Unions in Maharashtra have traditionally been strong and trade union leaders know  the precise ways to handle such matters.

Your community leaders can also apply thier resources.

At Pune you can find Labor Law Consultants/Service Matters Lawyers par excellence and they would have stretegies and remedies that you can understand and proceed further.

 

Don't get subdued by such unscruplous employers/managers and by your own perceptions.

 

Act.

 

Warm greetings, I reside in Bangalore my previous company first source pvt ltd has given negative feedback to my current company that is due to personal integrity issue I was asked to leave the company ..however I've been with this company for

Warm greetings, I reside in Bangalore my previous company first source pvt ltd has given negative feedback to my current company that is due to personal integrity issue I was asked to leave the company ..however I've worked with this company for a year won many recognization awards ..this negative feedback is affecting my current jobs in bpo..they also have forced me to write a letter

Warm greetings, I reside in Bangalore my previous company first source pvt ltd has given negative feedback to my current company that is due to personal integrity issue I was asked to leave the company ..however Ihad been with this company for a year won rewards and recognization worked over time I have the relieving letter from this company ...I am the sole bread winner for my family ..due to this negative remarks I'm in a do or die situation ..while leaving my ex organisation they asked me to write a letter and threaten me of not getting my salary and jobs in bpo..however I did get my salary after 45 days but they did accomplish in not getting a job in bpo industry

@ Arifjuzer,

You have not drafted your query properly.

As far as negative feedback is concerned it has already been discussed in this thread.

 

What exactly you want to convey in your query e.g;

 

".while leaving my ex organisation they asked me to write a letter and threaten me of not getting my salary and jobs in bpo..however I did get my salary after 45 days but they did accomplish in not getting a job in bpo industry "

 

What letter: What did you write in it: Do you have the copy?

What else you want to convey in other lines?

 

You can approach:

 

Inspector appointed under Karnataka Shops and Commercial Establishments Act

O/O Labor Commissioner

BPO Employee's Unions/Employee's Unions/Trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc

Labor Law Consultant/Service Matters Lawyer/Law firm

 

Your community Leaders

Police

Media

etc for support and guidance.

 

State your problem clearly.

 

 

 

 

 

 

Thanks for the quick response sir ...the letter written to them. We're an apology letter of misconduct and a letter of resignation as they threatened me if I don't write this then my salary would be blocked and they said I'll never get a job in any bpo after writing the letters as per their statement of misconduct they said after 45 days I'll be getting my final settlement and relieving letter my current employer states that my previous employer has mentioned them due to integrity issue I was asked to leave the company ...I'm in a situation where my carrier is affected by the negative feedback

Thanks for the quick response sir ...the letter written to them. We're an apology letter of misconduct and a letter of resignation as they threatened me if I don't write this then my salary would be blocked and they said I'll never get a job in any bpo after writing the letters as per their statement of misconduct they said after 45 days I'll be getting my final settlement and relieving letter my current employer states that my previous employer has mentioned them due to integrity issue I was asked to leave the company ...I'm in a situation where my carrier is affected by the negative feedback