Dear All
I want to know two things on behalf of my friend. My friend didn't harsh anyone sexual lying in any office. But he did argument with couple of girls in a company for some silly work. He is non smoker, non alcoholic and doesn't have a girlfriend.
He has left 3 to 4 companies. Now wherever he is going to join a new company he is getting a feedback that he had harsh sexually someone. But the question is, how he understands which previous company is giving such negative feedback and how can he stopped it? Should he go to NASSCOM or not? It is hundred percent sure he did not harsh anyone sexually. Please give me the solution.
From India, Kolkata
1I want to know two things on behalf of my friend. My friend didn't harsh anyone sexual lying in any office. But he did argument with couple of girls in a company for some silly work. He is non smoker, non alcoholic and doesn't have a girlfriend.
He has left 3 to 4 companies. Now wherever he is going to join a new company he is getting a feedback that he had harsh sexually someone. But the question is, how he understands which previous company is giving such negative feedback and how can he stopped it? Should he go to NASSCOM or not? It is hundred percent sure he did not harsh anyone sexually. Please give me the solution.
From India, Kolkata
Dear Rajeev,
First and foremost, why your friend has not written this post? You are writing on his behalf therefore, you are a third party. There is a possibility of distortion or filtration in communication when it is received from persons not involved in the incident.
That does not mean that members of this forum have not responded to the posts that were written on behalf of friends or family members. Nevertheless, you could have checked the dictionary meaning of the word "harsh". This misplaced word has distorted your own message.
Your take is that your friends had arguments at the workplace with the women staff members. However, in the course of argument, did he hurt feelings of someone badly?
Further you say that your friend is non-smoker, non-drinker and does not have girlfriend. Nevertheless, being teetotaller and not having girlfriend cannot be considered as credentials against anyone's salaciousness or prurient nature.
Lastly, your friend's ex-company has gone to the extent of giving negative feedback in the Background Verification (BGV). Therefore, there must be some reason for this. Not necessarily, all the companies give negative feedback if it is normal misconduct or under-performance. However, your friend's case is extreme one. There cannot be smoke without fire. There is someone out in the ex-company who wanted to teach a lesson to your friend.
Therefore, it is time for you to check the veracity of whatever he has told to you! At this stage the only option he has is to keep on applying for the jobs.
Your friend's ex-company should have conducted enquiry if it had received any complaint on sexual harassment. The latest act on sexual harassment has defined explicitly what is sexual harassment. Either they should have conducted the thorough enquiry and investigated the matter and if the harassment was proved then should have taken action. However, it appears that instead of doing all this, your friend's ex-company could be taking shortcut and teaching a lesson to your friend by giving bad remarks in BGV. This is nothing but vindictiveness. However, this is just a surmise and it may or may not be true.
So what is the solution? Last option is to send the lawyers notice to the company that removes your friend from the job because of negative feedback in BGV. On acquiring the previous company's name that gave negative feedback, your friend has to send a lawyer's notice to the ex-company for damage to the reputation. If the reply to the lawyer's notice is not satisfactory then your friend may file a suit against the previous company. However, this is a course of litigation and it is always arduous one? Is your friend prepared for it's arduousness?
Thanks,
Dinesh Divekar
From India, Bangalore
First and foremost, why your friend has not written this post? You are writing on his behalf therefore, you are a third party. There is a possibility of distortion or filtration in communication when it is received from persons not involved in the incident.
That does not mean that members of this forum have not responded to the posts that were written on behalf of friends or family members. Nevertheless, you could have checked the dictionary meaning of the word "harsh". This misplaced word has distorted your own message.
Your take is that your friends had arguments at the workplace with the women staff members. However, in the course of argument, did he hurt feelings of someone badly?
Further you say that your friend is non-smoker, non-drinker and does not have girlfriend. Nevertheless, being teetotaller and not having girlfriend cannot be considered as credentials against anyone's salaciousness or prurient nature.
Lastly, your friend's ex-company has gone to the extent of giving negative feedback in the Background Verification (BGV). Therefore, there must be some reason for this. Not necessarily, all the companies give negative feedback if it is normal misconduct or under-performance. However, your friend's case is extreme one. There cannot be smoke without fire. There is someone out in the ex-company who wanted to teach a lesson to your friend.
Therefore, it is time for you to check the veracity of whatever he has told to you! At this stage the only option he has is to keep on applying for the jobs.
Your friend's ex-company should have conducted enquiry if it had received any complaint on sexual harassment. The latest act on sexual harassment has defined explicitly what is sexual harassment. Either they should have conducted the thorough enquiry and investigated the matter and if the harassment was proved then should have taken action. However, it appears that instead of doing all this, your friend's ex-company could be taking shortcut and teaching a lesson to your friend by giving bad remarks in BGV. This is nothing but vindictiveness. However, this is just a surmise and it may or may not be true.
So what is the solution? Last option is to send the lawyers notice to the company that removes your friend from the job because of negative feedback in BGV. On acquiring the previous company's name that gave negative feedback, your friend has to send a lawyer's notice to the ex-company for damage to the reputation. If the reply to the lawyer's notice is not satisfactory then your friend may file a suit against the previous company. However, this is a course of litigation and it is always arduous one? Is your friend prepared for it's arduousness?
Thanks,
Dinesh Divekar
From India, Bangalore
It is possible that he had to leave the organization(s) due to his behaviour that amounted to Sexual Harassment and a complaint was filed against him.
How are you 100% sure that he did left his earlier companies and was not asked to go due to inappropriate behaviour??
Sexual harassment is a matter of perception and the receiver decides if he/she felt harassed or not. The doer NEVER decides if his / her behaviour is sexual harassment.
The companies have strict policy against such unacceptable behaviour. It may have been made a part of his personal file and that is being given as part of background verification.
You do not have a choice. Your friend can only request his past employer(s) not to disclose this fact during BGV.
Thanks,
Avika
From India, New Delhi
How are you 100% sure that he did left his earlier companies and was not asked to go due to inappropriate behaviour??
Sexual harassment is a matter of perception and the receiver decides if he/she felt harassed or not. The doer NEVER decides if his / her behaviour is sexual harassment.
The companies have strict policy against such unacceptable behaviour. It may have been made a part of his personal file and that is being given as part of background verification.
You do not have a choice. Your friend can only request his past employer(s) not to disclose this fact during BGV.
Thanks,
Avika
From India, New Delhi
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Enforcement of negative covenants in employment terms.pdf