To give a perspective of my problems - I started my career as a fresher engineer in October 2013 in a Global IT giant in India (Company-A) but due to location issues, on 15th of January 2014 I sent out an email (and also sent my ID card via secure courier) to my supervisor and HR and left the job. I had signed a contract during joining to pay them a bond money of 95000 INR (if I quit my job within a year). I did not pay this money, as a result I never got an experience letter or relieving letter from Company-A.
I started a new job in my hometown (again as a fresher) with another IT company (Company-B). I worked at Company-B with distinction till 30th March 2019. I applied for resignation from Company-B, followed all proper procedure, served the notice period and joined in Company-C from 1st April 2019. Now, my present employer (Company-C) is unaware that I have worked in Company-A, since I chose to hide my employment at Company-A from both Company-B and Company-C.
Few days back, I got a call from the recruitment team of Company-A, asking if I wanted to join for an open position. I told them that I have absconded from Company-A many years back, they told me that as per the data in their system, my status in the portal is marked as "Normal Exit" and not "Absconded". And I was free to join back in Company-A, as a result I had one round of technical interview and one hr interview, I performed well in both rounds.
Now I got a call from the recruitment team of Company-A saying, they need my relieving letter/ experience letter during my first tenure (the tenure being - October 2013 to 25th February 2014 - YES, as per the system data of Company-A, my last working day is 25th February), to initiate the LOI. I told them that I did not have it, so they advised me to pay old my dues (i.e. 95000 INR bond money).
Now, as per Company-A I have worked there from October 2013 to 25th February 2014; whereas my joining date in Company-B is 15th January 2014. So technically, I have had a dual employment in both Company-A and Company-B during the period 15th January 2014 to 25th February 2014. When I clarified this to the recruitment people, they put my recruitment process on hold.
Now my concerns are -
i. If I pay this 95000 INR, will Company-A hire me back?
ii. Will the dual employment during 15th Jan 2014 and 25th Feb 2014 cause any problems during my recruitment?
iii. Since, now Company-A knows that I have had a dual employment (since I shared them my resume and joining documents from Company-B & C as part of the interview process), can they initiate any legal course that will hamper my present employment with Company-C?
iv. Can the team of Company-A share my details to various third party background checkers which might result in problems during future employments?
The Company-A in question here is Accenture LLC.
From India, Kolkata
I started a new job in my hometown (again as a fresher) with another IT company (Company-B). I worked at Company-B with distinction till 30th March 2019. I applied for resignation from Company-B, followed all proper procedure, served the notice period and joined in Company-C from 1st April 2019. Now, my present employer (Company-C) is unaware that I have worked in Company-A, since I chose to hide my employment at Company-A from both Company-B and Company-C.
Few days back, I got a call from the recruitment team of Company-A, asking if I wanted to join for an open position. I told them that I have absconded from Company-A many years back, they told me that as per the data in their system, my status in the portal is marked as "Normal Exit" and not "Absconded". And I was free to join back in Company-A, as a result I had one round of technical interview and one hr interview, I performed well in both rounds.
Now I got a call from the recruitment team of Company-A saying, they need my relieving letter/ experience letter during my first tenure (the tenure being - October 2013 to 25th February 2014 - YES, as per the system data of Company-A, my last working day is 25th February), to initiate the LOI. I told them that I did not have it, so they advised me to pay old my dues (i.e. 95000 INR bond money).
Now, as per Company-A I have worked there from October 2013 to 25th February 2014; whereas my joining date in Company-B is 15th January 2014. So technically, I have had a dual employment in both Company-A and Company-B during the period 15th January 2014 to 25th February 2014. When I clarified this to the recruitment people, they put my recruitment process on hold.
Now my concerns are -
i. If I pay this 95000 INR, will Company-A hire me back?
ii. Will the dual employment during 15th Jan 2014 and 25th Feb 2014 cause any problems during my recruitment?
iii. Since, now Company-A knows that I have had a dual employment (since I shared them my resume and joining documents from Company-B & C as part of the interview process), can they initiate any legal course that will hamper my present employment with Company-C?
iv. Can the team of Company-A share my details to various third party background checkers which might result in problems during future employments?
The Company-A in question here is Accenture LLC.
From India, Kolkata
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Enforcement of negative covenants in employment terms.pdf