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Kamesh (NA)     19 January 2014

Ex-employer giving wrong info during background check

I worked in a company from 2005 till 2008. I was issued a Relieving letter and F&F letter at the time of my exit. Now when another company approached them for my Background Verification they are showing my exit as "Absconding". They are also saying that the letters issued to me are invalid.

Is there any way to take legal action on the company? If yes, whats the process?



Learning

 6 Replies

V. VASUDEVAN (LEGAL COUNSEL)     19 January 2014

Have you been produced with those copies of letters/communication! this is most important!

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 January 2014

Yes. Definitely you can sue them subject to the issue of legal notice to the former company.

Kumar Doab (FIN)     20 January 2014

Record such statements (audio/visual) and keep some witness with you. If some one is saying, writing untruthful things about you then you can file for Defamation, Discriminatory Retaliation.....................etc. Consult lawyer handling criminal cases at your location.

T. Kalaiselvan, Advocate (Advocate)     21 January 2014

If you have a valid relieving letter and can prove its bonafides, issue a legal notice and then proceed with further legal action.  Well you have resigned and joined the new company during the year 2008, what was the new company doing so long without verifying your previous employment details and what was the necessity to verify the same at this belated stage, are you hiding something here.

Kamesh (NA)     21 January 2014

I have the Relieving Letter on the Company LetterHead with HR Designation, Signature and Rubber stamp on it. After leaving this company i had joined another company in 2008 and worked there till Dec 2009, then moved into another company in 2010 and worked there till Dec 2013. I never had problem then.

I applied to another company recently and they went to my first employer for my Background Verification and they were told that i am absconding.

Kumar Doab (FIN)     21 January 2014

You have posted that:

They are also saying that the letters issued to me are invalid.”

Record this statement (audio/visual) whoever has made it.

Once you have recorded it keep the memory card safely and provide the copy to your lawyer.

If you have retained the envelopes also show these to your lawyer.

Entrust such matters to your able lawyer and close it forever.

You are in possession of original documents that are issued under proper seal and signature.

 

You may have come across many threads that shows that HR personnel and employers indulge in such acts. 


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