Hi,
My friend has been terminated from employment after 2.7 years of service due to a failed background verification.
Reason for BGV fail: the first organization where he worked got blacklisted (current employer is his 3rd organization).
Number of years he served in the 1st organization: 3 years
The documents he provided to prove his employment:
1) final year Form16
2) final year form 26AS
3) offer letter
4) experience letter
For the first 2 years, he had a low salary amount (not taxable income) and it was considered improper payment; there was no Form16 available for it.
He couldn't provide a salary statement because the bank account he used to receive his salary is closed, and the statement requested is 6 to 9 years old.
He was asked to contact the old employer for verification of employment through email by looping the BGV team, but the old employer did not respond even after multiple reminders. We later found out that the organization is now shut down.
The employer was not satisfied with this and terminated him from employment.
Question 1: Is this a valid reason for terminating an employee? The documents he provided were not proven fake, but he couldn't prove his employment period through bank/tax statements. This situation raises concerns about my own career since my 1st organization is also closed, and they never provided proper salary details. Unfortunately, this is not an isolated case.
Question 2: If he removes the blacklisted organization from his experience, will he be able to secure a job in a reputable company? Will his termination status raise doubts?
The hard realities he faced during BGV verification:
1. BGV began after he submitted his resignation.
2. When HR mentioned that any clearance process/relieving formalities would only start after BGV verification, he withdrew his resignation, confident that he could prove his background verification and depart peacefully. His managers also supported this decision and assigned him new tasks on updated technologies.
3. However, the BU HR did not approve his withdrawal. When he inquired with his project HR, he was told he might need to commit to not leaving the organization again for a year.
4. He was unwilling to agree to such terms, so HR informed him that his withdrawal would be treated as a notice period, with the last working day as previously decided.
5. More than a month after this communication, with 27 days left to complete his notice period (totaling 3 months), the BU HR accepted his withdrawal.
6. He believed his BGV was now clear and requested a discussion with HR and his reporting manager to confirm the status.
7. However, before the scheduled call, he received a termination letter. When he questioned the BU HR about why they accepted his withdrawal if they intended to terminate him, he was informed that the resignation procedure needed to be treated as termination, and his withdrawal was accepted to complete it.
8. There was no record of non-cooperation or unsupportive behavior on his part; he had responded to all emails, including the final notice.
9. There was no direct communication with him before the termination letter was sent.
10. Despite questioning the statement that he did not cooperate with the BGV process, he did not receive a response.
11. This incident occurred in a multinational corporation.
From India, Kannur
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My friend has been terminated from employment after 2.7 years of service due to a failed background verification.
Reason for BGV fail: the first organization where he worked got blacklisted (current employer is his 3rd organization).
Number of years he served in the 1st organization: 3 years
The documents he provided to prove his employment:
1) final year Form16
2) final year form 26AS
3) offer letter
4) experience letter
For the first 2 years, he had a low salary amount (not taxable income) and it was considered improper payment; there was no Form16 available for it.
He couldn't provide a salary statement because the bank account he used to receive his salary is closed, and the statement requested is 6 to 9 years old.
He was asked to contact the old employer for verification of employment through email by looping the BGV team, but the old employer did not respond even after multiple reminders. We later found out that the organization is now shut down.
The employer was not satisfied with this and terminated him from employment.
Question 1: Is this a valid reason for terminating an employee? The documents he provided were not proven fake, but he couldn't prove his employment period through bank/tax statements. This situation raises concerns about my own career since my 1st organization is also closed, and they never provided proper salary details. Unfortunately, this is not an isolated case.
Question 2: If he removes the blacklisted organization from his experience, will he be able to secure a job in a reputable company? Will his termination status raise doubts?
The hard realities he faced during BGV verification:
1. BGV began after he submitted his resignation.
2. When HR mentioned that any clearance process/relieving formalities would only start after BGV verification, he withdrew his resignation, confident that he could prove his background verification and depart peacefully. His managers also supported this decision and assigned him new tasks on updated technologies.
3. However, the BU HR did not approve his withdrawal. When he inquired with his project HR, he was told he might need to commit to not leaving the organization again for a year.
4. He was unwilling to agree to such terms, so HR informed him that his withdrawal would be treated as a notice period, with the last working day as previously decided.
5. More than a month after this communication, with 27 days left to complete his notice period (totaling 3 months), the BU HR accepted his withdrawal.
6. He believed his BGV was now clear and requested a discussion with HR and his reporting manager to confirm the status.
7. However, before the scheduled call, he received a termination letter. When he questioned the BU HR about why they accepted his withdrawal if they intended to terminate him, he was informed that the resignation procedure needed to be treated as termination, and his withdrawal was accepted to complete it.
8. There was no record of non-cooperation or unsupportive behavior on his part; he had responded to all emails, including the final notice.
9. There was no direct communication with him before the termination letter was sent.
10. Despite questioning the statement that he did not cooperate with the BGV process, he did not receive a response.
11. This incident occurred in a multinational corporation.
From India, Kannur
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Dear Friend,
Are there any clauses related to BGV in the appointment letter that could lead to termination?
The BGV should be done prior to appointment, not at a later date. Such norms are not only bad but also illegal. Your friend needs to challenge his illegal termination for his rights.
In my service career, I did not entertain the BGV except in Government or Central Government organizations. We did not conduct the BGV for individuals selected for employment because one cannot be selected unless we have their documents in hand prior to joining.
The payment one received in their last employment is necessary for consideration when determining a new package for new employment. We never rely on collecting the last salary or first salary because the package is fixed for each category. All these issues occur in companies that operate without proper systems.
It is not understood why people close their bank accounts upon the cessation of service, which is a bad practice because a bank account can be transferred to another location. At this stage, your friend has two options: to search for a new job or to pursue legal action against his termination.
From India, Mumbai
Acknowledge(0)Amend(0)
668Are there any clauses related to BGV in the appointment letter that could lead to termination?
The BGV should be done prior to appointment, not at a later date. Such norms are not only bad but also illegal. Your friend needs to challenge his illegal termination for his rights.
In my service career, I did not entertain the BGV except in Government or Central Government organizations. We did not conduct the BGV for individuals selected for employment because one cannot be selected unless we have their documents in hand prior to joining.
The payment one received in their last employment is necessary for consideration when determining a new package for new employment. We never rely on collecting the last salary or first salary because the package is fixed for each category. All these issues occur in companies that operate without proper systems.
It is not understood why people close their bank accounts upon the cessation of service, which is a bad practice because a bank account can be transferred to another location. At this stage, your friend has two options: to search for a new job or to pursue legal action against his termination.
From India, Mumbai
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Background Verification Form.doc