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crystal (Manager)     17 July 2013

Previous employer blocking from future employment

Hi

I got terminated from employment for using employer letter head to obtain a visa for a vacation to a country. I have requested the previous employer to relieve me clean as this could affect my future employment/carrer. For which they agreed and gave me relieving letter after settling full and final settlement with the company. 

I got a new job but when the new employer ran a back ground check, the previous employer gave a feedback that my services got terminated because of misconduct. I really don't know why is that previous behind me even after doing what they want to do? (after sacking me!) What that meant was that new employer terminated my employment. This may repeat if I try to get into any other company. My life/career is at jeopardy. What are my options? Appreciate your help.



Learning

 4 Replies

Kumar Doab (FIN)     17 July 2013

You have posted that:

 

I got terminated from employment for using employer letter

 

It is felt that you may Plead for mercy and appeal to do the needful to remove adverse entries/notes/comments/insertions from personnel file maintained by the company so that during next BGV when the concerned personnel in HR/personnel/admin or owners/promoters/directors refer to your personnel file, severely adverse comments are not reported.

The good offices of the company: appointing authority, MD, Chairman,…………….can (if they wish and if they want) can convert it to termination simplicitor (termination without any charge……………or reason citing clause on termination in appointment letter vide which employer and employee can terminate the employer-employee relationship without citing any reason…..)

 

However if the company has issued termination order with reason stated in it as misconduct, then it has to keep the evidence pertaining to misconduct in personnel files on employee in record to protect itself from legal injury in future and also to satisfy the labor/lawful authorities and courts of law, if the need be……………………

 

Or the good offices may decide to be gentle during next BGV so that you are able to get a job……………………….and the same time the good offices may have it on the back of their mind that if they would face a situations……………….!!!!!

Everyone may need to be convinced that you have reformed and have repented..................

 

All said and done:your conduct was bad: unbecoming of an employee:::::::::it could have landed you in a penultimate situation involving :criminal complaint/behind the bars; award of punishment……………….etc

 

Do not contemplate proceeding against the past employer whose letterhead/seal was misused (not used) and probably signatures of competent authority were forged…………………..

 

Still if you think there are better options; consult an able lawyer, preferably with elders in the family/seasoned and experienced well wishers………………, in person with copies of all records and documents, before you proceed on your own.

 

Or try to be with an employer in a trade where BGV is not thought as mandatory……………..

 

Valuable advice of learned experts/members is sought.

crystal (Manager)     17 July 2013

Thank you for the valuble advice. I got a relieving letter that didn't mention about termination or reason about misconduct. I'm sure embassy has shared the employer letters that I used  but I didn't forge any personal's signature at the previous employers office. I used some alias name.

I am ready to send an email to CIO of the company for mercy but not sure if he is even aware of my case. I am not sure how would the CIO/owner of the company respond when I break the news to him in pleading guilty. Since the previous employer/HR has already taken an action against me, can the company still take penultimate action against me now or in future? 

Kumar Doab (FIN)     18 July 2013

You have posted that:

 

------“I got terminated from employment for using employer letter head to obtain a visa for a vacation to a country.

 

I'm sure embassy has shared the employer letters

 

“I used some alias name.

 

Even if alias name was used the letter was aimed for visa in your name, and might have been attached with/forwarded for your visa application number…………….Isn’t it?

 

How would you prove that this was not generated by you?

 

If you have some strategy in mind it shall be better to discuss it with your lawyer.

 

-----“I am ready to send an email to CIO of the company for mercy but not sure if he is even aware of my case. I am not sure how would the CIO/owner of the company respond when I break the news to him in pleading guilty.

 

They may declare that action taken by HR is inadequate and may ask to proceed for……………………….

 

In such matter it is always better to meet in person, the executive of the company who can fetch relief.

Admission in writing may have its own implications.

 

Before you submit anything in writing let it be approved by your lawyer.

 

 

--------“Since the previous employer/HR has already taken an action against me, can the company still take penultimate action against me now or in future?”

 

The HR personnel/line managers may remain to be the same or may change.

 

But the comments in personnel file shall remain and in case of BGV the personnel file shall be referred to, for passing the comments by concerned HR personnel.

 

Till the time adverse notings are not removed, you can expect adverse comments.

 

You may meet a lawyer in person face to face.

 

 

Sahil (q)     19 July 2013

Dear sir

I was working  with a private bank as a clerk and i tool medical leave of 80 days during my tenure in that bank. after that i got selected in goverment bank as a probaationary officer.but in my relieving letter private bank mention ki i was absent for 80 days and my attitiute was not good. Now my new goverement bank kept my joining on hold,,,, goveremtn bank has writtent letter to private bank for clarity on rleivening letter...but private bank is not replying....goverment bank said they willl not give me joining untill they  got clarity and reply of  letters from private bank what to do in this case?????????????????????


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