No complaint made out except defamation and compensation. Do you have in written - his acceptance/clarification.
How will you prove this ?
Background verification report
A background check was conducted on behalf of an organisation by a background verification agency. During the process my former employer was consulted. I need the verification report based on the findings received from my former employer - any telephonic recordings or any email communication received thereof. My former manager lied in the verification report saying that I have broken labour laws leading to the revocation of my offer letter. Post that, my former employer clarified that I didn't break any labour/employment laws during my tenure. Now, I want to file a complaint against my former employer or the manager who lied because of which my offer was revoked.
Asked 6 years ago in Labour
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Case Update AuthBridge, a background verification firm, based in Gurgaon conducted the background check on behalf of a Big3 firm. Now, post the verification, my prospective employer communicated to me over call that my former manager has told that the Candidate has broken labour laws during his tenure. In fact my prospective employer informed me that we have recorded evidence in our email and also hold recorded evidence over call. Post the revocation of my offer letter due to this allegation, I contacted my former employer. My former employer clarified that no such allegations were made and you didn't break any labour laws/employment laws during your tenure. I have this in written. Now, at the end of the day, I have lost an opportunity due to a false verification by my former manager and she successfully lied to her HR head that she didn't make any such allegations. Now what are my options? 1. Can I get my verification report by any chance? 2. How can I file a complaint against my former manager (I am not sure if I can involve my former company in the loop) because against she can do a similar thing and get away easily in the absence of any verification document as every time I'll have nothing to prove? How can I take a preventive measure so that no such actions are committed in future.
Asked 6 years ago
1) verification report is confidential document and you would not be granted copy of the same
2) you can request your prospective employer who withdrew offer to submit your report
3) without verification report complaint is futile
You can ask but not as a matter of right but court has power to call for report. CIVIL defamation suit will file with the prayer of compensation.
How can I take a preventive measure so that no such actions are committed in future. - Get one single verification of your past service than she cannot give different opinion in future otherwise, you can again claim compensation against her.
1. File a Civil Suit, for Defamation, against "ALL" the related former co. Manager, directors etc.... which "MUST" be supported by atleast two witnesses. The verification agency, current prospective employers should also be made parties.
2. All the mentioned documents would surface in the suit. Such verification report are classified as "confidential" and cannot be shared with anybody. BUT they will have to submit the same in court, wherein you will get a copy to move forward for damages & compensation or amicable settlements.
Do you have the background verification report copy with you?
If not, how did you come to know that this type of adverse report was given against you?
Was there any adverse impact on your career or new employment due to this.
Without any evidence you may not be able to initiate any legal action against anyone.
No such action will be entertained by the law enforcement authority or by court
1. If your prospective employer revoked your employment offer citing this as reason, you may obtain the report submitted by the firm which verified your background, if he is refusing to furnish the details you may issue a legal notice demanding explanation and compensation for spreading false information about you.
2. Without any documentary evidence to prove your allegations you may not be able to initiate any such action as intended now.
You ascertain the facts and gather evidence if at all you still insist in taking any action on this.
1. You cannot force Verification agency to give copy of adverse report against you.
2. You can file suit against your former manager and employer to claim compensation due to adverse report given by them.
3. In that suit you can also make party to verification agency for production of report from previous employer.
You need to issue a legal notice to the said agency or your employer to share the verification report. If not shared you need to take direction of the court for the same
Employee background verification can be tricky it cannot be given to employee.
You can send them a legal notice asking for the written apology for your wrong portrayal and to rectify the information passed on to your new company in that manner.
If they refuse to do so then you can sue them for defamation and reputational damage seeking compensation in against the same.
1. You cannot get the report as the report is based on a fiduciary relationship between the verification agency and your previous employer.
2. A civil suit for damages can be filed against the previous employer but you will have to prove that false information was delivered by it to the agency with a mala fide intent.
