Past Employer Reference

How do you deal with a past employer reference that says ''the employee did not disengage properly''. Reason for leaving is different from what the employee stated during interview.
Kenny

Dear Friend
Generally, when we asked the previous employer about the credentials of his ex-employee, he may say like that as you are quoting now. First of all we have to see, whether the date of joining and date of relieving, salary drawn by ex- employee during his tenure with his previous employer are found correct or not in a reference with his ex-employer, we need not worry about other petty reasons. Why because, in the interview itself, you have accessed his skill and suitability for the job and finally you are making reference to know about the selected employee.
Except professionally managed companies in India, traditional management firms may not give correct reference with regard to its ex-employees for one or the other reason. So hundred percent we could not relied upon the reference of ex-employers with regard to their ex-employees whom we have selected to meet our requirement
Regards

Dear NVRao
Advocate & Labour Law Consultant,
Point noted. However, there are discrepancies in date of joining and salary from both the past employer and the employee; the two gave different information.
Regards,
Kenny

Dear Friend
In such a case, you can directly ask the selected person to explain reasons for the discrepancies in respect of his date of joining and salary and if you satisfied with his reasons, you are having below mentioned options
1.You can go ahead with issuing him an appointment order as per the terms as were agreed upon by both management and candidate
2.Negotiate with candidate for lower salary / designation by considering his actual designation and salary at the time of leaving the services of his previous employer company
3.With draw the offer letter by quoting the act of candidate in concealment of facts with regard to his salary and date of joining during his tenure with previous employer
Regards .

It is better to understand at the first instance the meaning of the term \'employee did not disengage properly\'. My understanding is that the employee did not serve the notice period or remit notice pay in lieu of notice period not served. Hence, the employer has not issued relieving order to the employee. If this is the case, do not issue offer of appointment to the person or allow him to join service if offer has been issued to him, unless he has settled his dues with the previous employer and secured proper relieving order from them. Some HR managers may argue that proper settlement of dues by the new employee with his previous employer may not be their concern, but it has to be viewed from an ethical perspective. We need to remember that the same employee can do the same thing with you too at a later date.
Thanks.
G. Hari

Agreed that the opportunity of discussion and explanation should be provided to employee and if false/fake /fabricated information is given don't recruited the employee.

The Labor Laws/statue/enactments do mention about Appointment Letter,'Service Certificate', prescribed form for it....to be issued to all employees.....Service Card of employees that have column for Commendations....but not for stinkers...

Relieving Letter signifies: employee has settled all legitimate accounts e.g. company property..

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The comment in BGV is not clear.....as it does not mention the specific charge....

Assuming that there was notice period of 90 days for employee and 30 days for employer I.e. arbitrary/discriminatory.....or there were intolerable conditions created for employee or some vindictivezealous line management/HR inserted the comments in order to cause damage.....then the next employer is falling to hearsay/gossip/rumor....

The Desinated HR personnel could've issued and supplied the correct FnF statement, adjusted notice pay and demanded or paid balance

If 90 days notice period is not applicable then why should it be inserted in appointment letter and enforced......

If employee is aware and decline to serve inapplicable notice period then he shouldn't be penalized.....

Assuming that BGV agency has not acquired information properly and can't prove......then it has no right to be paid...

The employer should assess properly and if old company's Line Managers/HR/third party vendor that conducted BGV hasn't acted properly...

blacklist them in internal records and appointed this employee. He will appreciate and deliver results for you.

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