Hello, anybody can slap on the face but not stab in the back. In my view, if you proceed legally, this will be further obstruction in getting the job. The new company might have given the reason while withdrawing the appointment order. Otherwise, you have the right to know it.
Based on that, you can take an appointment from the HR Executive or the concerned authority and explain the situation. During your discussion with the new company, you can assure them about your workmanship and loyalty, etc. I think this will solve your problem. Otherwise, this will help you to proceed legally. However, it's better to take proper legal advice before proceeding.
Best wishes, Eswararao Ivaturi.
From United States, Cupertino
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17Based on that, you can take an appointment from the HR Executive or the concerned authority and explain the situation. During your discussion with the new company, you can assure them about your workmanship and loyalty, etc. I think this will solve your problem. Otherwise, this will help you to proceed legally. However, it's better to take proper legal advice before proceeding.
Best wishes, Eswararao Ivaturi.
From United States, Cupertino
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Don’t Get Mad Get Even read up on PSYOPS (Psychological Operations)
From Singapore
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From Singapore
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Dear Anonymous,
I agree with Dolphy; you should go and meet the new management and request them to share the information with you. After that, you can explain the situation to them. Do not worry about the outcome. However, no matter how westernized we become, one thing remains unchanged: do your job without thinking about the results. Whatever happens, happens for the best.
Secondly, if they share the information with you, please approach your present higher-up and brief them about your experience, once again, conveying the same message in a positive manner.
Whether you continue in the same job until you find another job or you decide to quit, that should be your own decision. Opportunities will keep coming, but compromising your self-respect at any cost is not acceptable.
All the best,
Karuna Jadhav
From India, Mumbai
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I agree with Dolphy; you should go and meet the new management and request them to share the information with you. After that, you can explain the situation to them. Do not worry about the outcome. However, no matter how westernized we become, one thing remains unchanged: do your job without thinking about the results. Whatever happens, happens for the best.
Secondly, if they share the information with you, please approach your present higher-up and brief them about your experience, once again, conveying the same message in a positive manner.
Whether you continue in the same job until you find another job or you decide to quit, that should be your own decision. Opportunities will keep coming, but compromising your self-respect at any cost is not acceptable.
All the best,
Karuna Jadhav
From India, Mumbai
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Hello Anonymous!
Many opinions are jostling to be said from my head, but I will go straight to the one that I think will give you a respite on this issue, and that is the recruitment procedure and legal redress. I am assuming that if it is escalated on a legal ground, many hidden issues will be uncovered, and you will be vindicated, hence not find it difficult getting another job in the industry.
Procedurally, no reputable company will give out an employment letter before completing a background check. If it happens, there will be a clause in the letter stating that "if our background check turns out unfavorable, we will terminate the employment contract forthwith." Do you have that in your letter? If not, the legal option is wide open for you to pursue. If yes, the legal door is closed.
Pursuing the issue legally will vindicate you, clip the wings of this manager, and send out a signal to his likes that they are not gods! Additionally, it will get the recruiters to be prudent in their recruitment drive.
I will advise that you take the legal option and seek damages because it was the offer of employment letter that made you resign from the former company where you were gainfully employed!
I wish you luck.
Olarinde
From Nigeria
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Many opinions are jostling to be said from my head, but I will go straight to the one that I think will give you a respite on this issue, and that is the recruitment procedure and legal redress. I am assuming that if it is escalated on a legal ground, many hidden issues will be uncovered, and you will be vindicated, hence not find it difficult getting another job in the industry.
Procedurally, no reputable company will give out an employment letter before completing a background check. If it happens, there will be a clause in the letter stating that "if our background check turns out unfavorable, we will terminate the employment contract forthwith." Do you have that in your letter? If not, the legal option is wide open for you to pursue. If yes, the legal door is closed.
Pursuing the issue legally will vindicate you, clip the wings of this manager, and send out a signal to his likes that they are not gods! Additionally, it will get the recruiters to be prudent in their recruitment drive.
I will advise that you take the legal option and seek damages because it was the offer of employment letter that made you resign from the former company where you were gainfully employed!
I wish you luck.
Olarinde
From Nigeria
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Hi, It is written in every offer letter in india. ('if our background check turns out unfavourable we will terminate the employement contract forthwith')
From India, Delhi
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From India, Delhi
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Based on some facts given by you here, my advice will be as under:
1. If your current organization where you are serving the Notice Period has not yet issued a letter accepting your resignation, send them a letter withdrawing your resignation. Legally, an employee can withdraw the resignation, and your HR Dept will know this.
2. Send a letter to the new organization, with a copy marked to the CEO, stating that you have been put into hardship by the withdrawal of the offer after you have submitted the resignation. An organization can withdraw an offer only if there had been a misrepresentation of facts. For example, if you have specified your present employer as A, and you are actually working with B, then they can withdraw the offer. Similarly, your qualifications or claiming that you have worked in an organization for a particular period whereas you have never worked there are instances where an organization can withdraw the offer.
Based on some statements by your current employer regarding your performance, etc., the offer cannot be withdrawn. Send a well-drafted letter that should highlight the mistake committed by the new employer. However, if you have hidden any facts regarding your qualifications, employment history, then think twice.
From India, Chennai
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1. If your current organization where you are serving the Notice Period has not yet issued a letter accepting your resignation, send them a letter withdrawing your resignation. Legally, an employee can withdraw the resignation, and your HR Dept will know this.
2. Send a letter to the new organization, with a copy marked to the CEO, stating that you have been put into hardship by the withdrawal of the offer after you have submitted the resignation. An organization can withdraw an offer only if there had been a misrepresentation of facts. For example, if you have specified your present employer as A, and you are actually working with B, then they can withdraw the offer. Similarly, your qualifications or claiming that you have worked in an organization for a particular period whereas you have never worked there are instances where an organization can withdraw the offer.
Based on some statements by your current employer regarding your performance, etc., the offer cannot be withdrawn. Send a well-drafted letter that should highlight the mistake committed by the new employer. However, if you have hidden any facts regarding your qualifications, employment history, then think twice.
From India, Chennai
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Hello Anonymoususer2013,
Like a few other members suggested, nowadays, every Offer Letter, especially in the IT sector and MNCs, contains the Background Clause and the consequences of unfavorable BC results. Many companies also mention it in the Interview Process. Ignorance of the process is no reason for an unfavorable view of the consequence(s).
Coming to the facts of the case that you mentioned:
1) You say that this PM is NOT your Reporting PM. Then where was the need to go all-out against him in the first place? There do seem to be other facts of the scenario that you have missed or omitted to mention. If you wanted to be a whistleblower, nothing wrong in it per se. BUT I think you forgot to take into account the consequences. Just watch the TV for a couple of days, and you will know what this entails—that's part of the game for any and every whistleblower. In a single line: Life IS NOT a bed of roses for any whistleblower.
2) Coming to your remarks about what the PM has done or said is right or wrong, etc.—please note that what the other person (in this case, it's your PM) says or does IS NOT IN YOUR HANDS/CONTROL. What's in YOUR control is YOUR RESPONSE to it. I suggest focusing on that aspect of your nature. The very fact that the PM has gone to such lengths as to mention that he will ruin your career says a lot about the quality/type of interactions you had with him. With a simple visualization, I presume your PM—to whom you are reporting—WOULD HAVE suggested you keep away from this guy. IF you assume that I am suggesting you should have just ignored whatever you mentioned this other PM was doing—YOU ARE WRONG. There are multiple ways in which one can RESPOND—including resigning coolly without raising any stink, UNTIL the timing is right—since THAT'S WHAT is in your hands. As regards going the Legal way, I am not sure what you would be achieving by taking that route—except feeding the advocate for a few years AND spending a few years of your time pursuing the case. And in the end, there's NO GUARANTEE that you will get what you wanted when you began the case. It's YOUR priority that decides what you do—this would seem to be a case of thinking thru THE HEART when you ought to be THINKING THRU THE HEAD.
3) Now how to handle your new job situation. Dolphy has given an excellent suggestion—just meet the HR of the new company and explain the facts of the case. In fact, you should have made it a part of your interview process itself—every recruiter asks the reasons for changing the current job—WITHOUT sounding antagonistic towards the PM or the present Company, you COULD have given the actual reason. Most recruiters understand that such situations do occur and IF they are convinced that you are speaking the truth, they will devise ways to hire you—presuming your technical rounds have gone off very well. Obviously, if your Interview Performance has been just average, the recruiter may not find it worth his/her effort to help you. In case this new job doesn't get revived, suggest looking for other jobs—and make it a point to BRIEFLY mention the REAL reasons to change during the interview process.
All the Best.
Best Regards,
TS
From India, Hyderabad
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Like a few other members suggested, nowadays, every Offer Letter, especially in the IT sector and MNCs, contains the Background Clause and the consequences of unfavorable BC results. Many companies also mention it in the Interview Process. Ignorance of the process is no reason for an unfavorable view of the consequence(s).
Coming to the facts of the case that you mentioned:
1) You say that this PM is NOT your Reporting PM. Then where was the need to go all-out against him in the first place? There do seem to be other facts of the scenario that you have missed or omitted to mention. If you wanted to be a whistleblower, nothing wrong in it per se. BUT I think you forgot to take into account the consequences. Just watch the TV for a couple of days, and you will know what this entails—that's part of the game for any and every whistleblower. In a single line: Life IS NOT a bed of roses for any whistleblower.
2) Coming to your remarks about what the PM has done or said is right or wrong, etc.—please note that what the other person (in this case, it's your PM) says or does IS NOT IN YOUR HANDS/CONTROL. What's in YOUR control is YOUR RESPONSE to it. I suggest focusing on that aspect of your nature. The very fact that the PM has gone to such lengths as to mention that he will ruin your career says a lot about the quality/type of interactions you had with him. With a simple visualization, I presume your PM—to whom you are reporting—WOULD HAVE suggested you keep away from this guy. IF you assume that I am suggesting you should have just ignored whatever you mentioned this other PM was doing—YOU ARE WRONG. There are multiple ways in which one can RESPOND—including resigning coolly without raising any stink, UNTIL the timing is right—since THAT'S WHAT is in your hands. As regards going the Legal way, I am not sure what you would be achieving by taking that route—except feeding the advocate for a few years AND spending a few years of your time pursuing the case. And in the end, there's NO GUARANTEE that you will get what you wanted when you began the case. It's YOUR priority that decides what you do—this would seem to be a case of thinking thru THE HEART when you ought to be THINKING THRU THE HEAD.
3) Now how to handle your new job situation. Dolphy has given an excellent suggestion—just meet the HR of the new company and explain the facts of the case. In fact, you should have made it a part of your interview process itself—every recruiter asks the reasons for changing the current job—WITHOUT sounding antagonistic towards the PM or the present Company, you COULD have given the actual reason. Most recruiters understand that such situations do occur and IF they are convinced that you are speaking the truth, they will devise ways to hire you—presuming your technical rounds have gone off very well. Obviously, if your Interview Performance has been just average, the recruiter may not find it worth his/her effort to help you. In case this new job doesn't get revived, suggest looking for other jobs—and make it a point to BRIEFLY mention the REAL reasons to change during the interview process.
All the Best.
Best Regards,
TS
From India, Hyderabad
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