Dear HR fellows,
I wanted to understand the legal implications involved in the following case: The HR manager has emailed a job offer, and the candidate has accepted via email. He has also submitted his resignation in his current company and has emailed the acceptance of the resignation to the HR manager of the company that made the offer. Now, during the reference check, the business manager receives negative feedback and, therefore, wants the HR manager to revoke the offer days before the candidate is scheduled to join.
1. What are the legal implications on the HR manager and the company that made the offer in this case? Which courts of law can this case be legally challenged (labour court, consumer court)?
2. What alternate approaches would you suggest?
Thank you.
From India, Bangalore
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I wanted to understand the legal implications involved in the following case: The HR manager has emailed a job offer, and the candidate has accepted via email. He has also submitted his resignation in his current company and has emailed the acceptance of the resignation to the HR manager of the company that made the offer. Now, during the reference check, the business manager receives negative feedback and, therefore, wants the HR manager to revoke the offer days before the candidate is scheduled to join.
1. What are the legal implications on the HR manager and the company that made the offer in this case? Which courts of law can this case be legally challenged (labour court, consumer court)?
2. What alternate approaches would you suggest?
Thank you.
From India, Bangalore
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May we ask anything about the negative feedback? Is it a factual report about the damages caused by the talent you are trying to hire, or is it a subjective account of the behavioral conduct of the talent?
Any talent resigning from an employer ruffles too many feathers. Hence, settling the score with a negative account during the reference check remains obvious.
Looking forward to hearing from you.
From India, Mumbai
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1872Any talent resigning from an employer ruffles too many feathers. Hence, settling the score with a negative account during the reference check remains obvious.
Looking forward to hearing from you.
From India, Mumbai
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Hi,
Background verification for new hires is a very common practice that many companies follow. It usually starts with a time slot of verification, beginning from the release of the offer letter to reporting or joining. In some companies, it may not be completed within the initial 3 months. Therefore, there is no need to worry about whether it is the joining day, the day before joining, or after joining. Based on the feedback from the verification process, companies have the right to revoke the offer or terminate the agreed employment due to negative feedback from the background verification.
Since reference checks are a part of background verification, it is advisable to request the manager to obtain negative feedback from the reference person in documented form and use that to revoke the offer. However, it is important to ensure that the new hire receives similar feedback from all other references mentioned. If not, there could be a possibility of false feedback from the reference person.
It is recommended to gather feedback from more than one reference, compare them, and then make a decision on revoking the offer. Employers may not always be willing to let go of their talented resources, which can lead to the potential of providing false feedback.
Thank you.
From India, Bangalore
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Background verification for new hires is a very common practice that many companies follow. It usually starts with a time slot of verification, beginning from the release of the offer letter to reporting or joining. In some companies, it may not be completed within the initial 3 months. Therefore, there is no need to worry about whether it is the joining day, the day before joining, or after joining. Based on the feedback from the verification process, companies have the right to revoke the offer or terminate the agreed employment due to negative feedback from the background verification.
Since reference checks are a part of background verification, it is advisable to request the manager to obtain negative feedback from the reference person in documented form and use that to revoke the offer. However, it is important to ensure that the new hire receives similar feedback from all other references mentioned. If not, there could be a possibility of false feedback from the reference person.
It is recommended to gather feedback from more than one reference, compare them, and then make a decision on revoking the offer. Employers may not always be willing to let go of their talented resources, which can lead to the potential of providing false feedback.
Thank you.
From India, Bangalore
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Hi,
It's been a trend where immature HR professionals or possessive seniors, out of jealousy, give negative feedback about resignees. One really wonders what gain they get or what high they achieve by providing negative feedback. They too are employees at the end of the day. It is understandable as employers would have to re-train another resource, which would cost them much, and there is no guarantee that the employees will stick around.
At the same time, new hirers must be open to negative feedback and not penalize prospects for joining due to failed reference checks.
From India, Gurgaon
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It's been a trend where immature HR professionals or possessive seniors, out of jealousy, give negative feedback about resignees. One really wonders what gain they get or what high they achieve by providing negative feedback. They too are employees at the end of the day. It is understandable as employers would have to re-train another resource, which would cost them much, and there is no guarantee that the employees will stick around.
At the same time, new hirers must be open to negative feedback and not penalize prospects for joining due to failed reference checks.
From India, Gurgaon
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I managed the background verification function for a firm enlisted with Nasscom. We were categorically directed to validate the data required and document shared by the candidate. Few data, such as fabricating mark sheets or absence of a proper exit, would lead to a negative report. The form required the reporting managers to fill in details.
However, we were strictly supposed to consider the factual report and not a subjective statement. Data remained prime, not a global statement. Few organizations might have a different policy to take a wider feedback. Looking forward to hearing more from the experts on this.
From India, Mumbai
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However, we were strictly supposed to consider the factual report and not a subjective statement. Data remained prime, not a global statement. Few organizations might have a different policy to take a wider feedback. Looking forward to hearing more from the experts on this.
From India, Mumbai
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Dear Friend,
To my mind, the statement ‘Negative Feedback’ is quite vague. I recommend the following:
1. Verification should be from more than one source.
2. If all the references give similar negative feedback, you should take a note of it.
3. If you have only one feed back then, I suggest
a) If the negative feedback is about the skills, or sense of involvement in one’s work (term ‘lack of motivation’ may confuse us) Ignore the observations as skills can be honed and motivation is indicative of poor manager worker relationship/ company’s environment.
b) If the Feedback is about the person’s integrity and behavior, you must take note of it.
Munshi
From India, Delhi
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To my mind, the statement ‘Negative Feedback’ is quite vague. I recommend the following:
1. Verification should be from more than one source.
2. If all the references give similar negative feedback, you should take a note of it.
3. If you have only one feed back then, I suggest
a) If the negative feedback is about the skills, or sense of involvement in one’s work (term ‘lack of motivation’ may confuse us) Ignore the observations as skills can be honed and motivation is indicative of poor manager worker relationship/ company’s environment.
b) If the Feedback is about the person’s integrity and behavior, you must take note of it.
Munshi
From India, Delhi
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Dear Competency PhD
Specific answers to your queries are as below :
1. As far as legal complications are involved; an offer of employment is just an offer.
Even after acceptance from the other party; it still remains an "offer".
By that it is implied that it is different from a "contract" or an "ägreement" under Law.
A party can withdraw it at anytime without creating any legal encumbrance upon itself.
Though it is not common; and good companies would never do it; the fact remains that they can not be legally forced to honour their "offer"; nor can be asked to compensate any expenses or hardship that the other party undergoes owing to it.
2.For any alternatives; please try the approaches as others have suggested.
Warm regards.
From India, Delhi
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Specific answers to your queries are as below :
1. As far as legal complications are involved; an offer of employment is just an offer.
Even after acceptance from the other party; it still remains an "offer".
By that it is implied that it is different from a "contract" or an "ägreement" under Law.
A party can withdraw it at anytime without creating any legal encumbrance upon itself.
Though it is not common; and good companies would never do it; the fact remains that they can not be legally forced to honour their "offer"; nor can be asked to compensate any expenses or hardship that the other party undergoes owing to it.
2.For any alternatives; please try the approaches as others have suggested.
Warm regards.
From India, Delhi
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An 'Offer Letter', in my opinion, carries no weight until it is followed by an 'Appointment Letter'. If in the intervening period, there is negative feedback during the verification process, the 'Appointment Letter' may never be issued. Therefore, for a candidate to resign from his/her existing job before receiving an Appointment Letter is a risky proposition.
Even after an 'Appointment Letter' is issued, termination of appointment stands valid if the feedback from a registered verification agency reflects on the candidate's integrity and morality (such as submitting forged documents, hiding some facts about past employment, being an accused in a court of law, etc.).
And you can't claim to be an employee until you have joined an organization.
From India, Delhi
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Even after an 'Appointment Letter' is issued, termination of appointment stands valid if the feedback from a registered verification agency reflects on the candidate's integrity and morality (such as submitting forged documents, hiding some facts about past employment, being an accused in a court of law, etc.).
And you can't claim to be an employee until you have joined an organization.
From India, Delhi
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Thank you for making the conditions for a negative feedback so clear.
Here's an article contributed by Mr. Sachin Aggarwal, who manages a background verification firm:
[Printing Mistakes](https://www.citeman.com/16255-printing-mistakes-can-prove-to-be-quite-costly.html)
[Reference Check](https://www.citehr.com/431952-background-verification-reference-ckeck-contradictory-nature.html)
From India, Mumbai
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Here's an article contributed by Mr. Sachin Aggarwal, who manages a background verification firm:
[Printing Mistakes](https://www.citeman.com/16255-printing-mistakes-can-prove-to-be-quite-costly.html)
[Reference Check](https://www.citehr.com/431952-background-verification-reference-ckeck-contradictory-nature.html)
From India, Mumbai
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I believe it is necessary to examine the terms of your contract. For example, does your offer letter state that employment is contingent upon receiving favorable character check results? If this is the case, then the contract can be revoked without any legal implications. Additionally, as mentioned by other contributors, it is essential to verify the authenticity of the reference check.
All the best.
Blessing A
From Nigeria, Lagos
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All the best.
Blessing A
From Nigeria, Lagos
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Hi,
I would like to suggest something related to this matter. Nowadays, companies are looking for the best talent which is essential for company growth. Normally, when somebody is selected for a responsibility, it means the person is capable. In today's business world, you cannot rely on anyone except for what you are looking for and what you are feeling. References are used to gather information, not to have blind faith. Talent cannot be hired; it can be noticed.
Now the ball is in your court.
Kasim Ansari
From India, Mumbai
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I would like to suggest something related to this matter. Nowadays, companies are looking for the best talent which is essential for company growth. Normally, when somebody is selected for a responsibility, it means the person is capable. In today's business world, you cannot rely on anyone except for what you are looking for and what you are feeling. References are used to gather information, not to have blind faith. Talent cannot be hired; it can be noticed.
Now the ball is in your court.
Kasim Ansari
From India, Mumbai
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I want to believe that employment is dependent on favorable check results. Therefore, if the check result is not favorable, then the employment cannot continue. Before you can reach a conclusion, please ensure that the former employer is telling the truth. Some people can be mischievous or wicked and may write negative reports. However, if the report is accurate and the new employer truly has a bad report, then you can terminate the employment immediately.
Thanks,
Blessing A
From Nigeria, Lagos
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Thanks,
Blessing A
From Nigeria, Lagos
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Why was an offer made BEFORE all referee checks were done?
I have said time and time again in these forums that recruitment is not rocket science. It can be very simple. BUT you must have a complete process in place, and all staff trained to follow that process to the letter. By not following a proper process, you leave your organization open to legal action and other sanctions.
From Australia, Melbourne
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I have said time and time again in these forums that recruitment is not rocket science. It can be very simple. BUT you must have a complete process in place, and all staff trained to follow that process to the letter. By not following a proper process, you leave your organization open to legal action and other sanctions.
From Australia, Melbourne
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Sorry for the typing mistake, please read:
"HR is saying they won't provide any information as the employer has joined his client, which is a breach of NDA."
To add, the employee has a relieving letter and a service certificate. Now HR is saying they do not authenticate.
From India, Gurgaon
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"HR is saying they won't provide any information as the employer has joined his client, which is a breach of NDA."
To add, the employee has a relieving letter and a service certificate. Now HR is saying they do not authenticate.
From India, Gurgaon
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KRA Job profile terms of reference.xls
Five Ways To... Politely Reject a Job Offer.pdf