Hi, I am working with Company A, my manager at company A is Ram and my teammate is Shyam. Currently, annual appraisal process is in progress in my company A. I applied to company B for an open job post. My interview will be taken by company B's employee Deepak after 5 days. Before taking my interview Deepak revealed to his friend Shyam (from company A) that i have applied for a job in company B and took my feedback from Shyam over phone. Shyam revealed the same to my current manager Ram and my appraisal discussion got affected yesterday. I was promised in my yesterday's meeting that i will be getting lowest hike given i applied for a post in company B. I lost my good hike in my current company. I am not sure whether I will be getting the job in company B. What legal action i can take against Company B? They revealed my privacy. Why Company B need to take my feedback before even conducting the interview.
Send a legal notice to both Company B and A.
Claim damages suffered by you due to the negligence of Co. B in leaking out your details even before your scheduled interview, through your notice.
Likewise, through your legal notice to CO. A, seek the kike/promotion/bonus to which you were entitled to you but which have been withed without any just and sufficient cause.
If the legal notices do not yield any results, you have the option of approaching the Court.
What if the loss is not monetary i.e. it doesn't affect my hike/bonus etc. but my colleague/manager knows now about it now. how can company A ask for feedback without my permission? here the loss is not related to money but privacy and trust. Please advice.
If the loss/damage caused to you cab be quantified, in the sense that the breach of trust and privacy has somewhere caused a dent to you, this can also be claimed.
Thus, damages(though non-monetary) can be quantified and claimed.
1) no action can be taken against company B
2) they were basically checking your antecedents as you are working for company A
3) before calling you for interview the management wanted inputs from your current employer
if you have applied for any job your future employer would check your track record with your current employer before giving you a job
2) your permission is not necessary to obtain feedback from your current employer
That is the company’s internal police and companies do take the review of employees from the previous company. There is no legal impediment if the company seeks advise.
It was not professional on part of Shyam to inform your current employee.
If your hike is stopped on this ground as told by you then only can you take legal action, failing which you can not take any legal action.
Regarfs
Please get back to me with which kind of proof that you have to prove your allegations. So that i can answer accordingly.
You may discuss with me in person via kaanoon .
Hi, kit provide the employee agreement ? Of the present company .. After going through the policies of the agreement , it will be convinient to guide you over the topic
What legal action i can take against Company B?
You cannot take any action against company B for this because this may be a routine process for recruiting staff to their company, you cannot agitate on this.
They revealed my privacy.
It is not breach of privacy, it is an official verification about your character and antecedents from the previous company.
Why Company B need to take my feedback before even conducting the interview.
If you have applied for a post in that company, there is nothing wrong in the company seeking information about you in advance.
What if the loss is not monetary i.e. it doesn't affect my hike/bonus etc.
but my colleague/manager knows now about it now.
how can company A ask for feedback without my permission?
here the loss is not related to money but privacy and trust.
This is a routine process being adopted by all the companies.
There is no reason to be agitated over it.
If you do not want to join them you can refuse the offer.
No legal action is maintainable