I had a date overlap issue with one of my past employers in the year 2021 for 6 days. Then I joined another company, worked for 1 year, and left with a notice period. Now, I have joined the tech giant of India.
They are flagging the date overlap as a negative issue during the Background Check (BGC) process, claiming it is illegal and insisting that I either resign or face termination. However, upon reviewing my offer letter, I found no mention of restrictions related to date overlaps or concurrent employment. If they proceed with termination, do I have legal grounds to challenge their decision?
From India, Kolkata
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They are flagging the date overlap as a negative issue during the Background Check (BGC) process, claiming it is illegal and insisting that I either resign or face termination. However, upon reviewing my offer letter, I found no mention of restrictions related to date overlaps or concurrent employment. If they proceed with termination, do I have legal grounds to challenge their decision?
From India, Kolkata
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You have to understand that every detail regarding your employment cannot be put in the offer of employment or appointment order. There are certain rules and regulations of the company which you would have accepted, and the double employment issue would be mentioned therein. Even otherwise, the law forbids a person from being employed in two organizations simultaneously. So legally, there is not much of a chance for a favorable outcome.
Can you reason out with your previous employers to resolve the overlap issue either way? You may explore the possibility as this would be a black spot in your career.
From India, Mumbai
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1656Can you reason out with your previous employers to resolve the overlap issue either way? You may explore the possibility as this would be a black spot in your career.
From India, Mumbai
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Enforcement of negative covenants in employment terms.pdf