Hellow, Anybody can slap on theface but not stab on 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 are
having 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 about your workmanship and
loyality etc. I think this
will solve your problem.
Otherwise this will help
you to proceed legally.
However, better to take
proper legal advise before
proceeding\'
Best wishes,
Eswararao Ivaturi.
From United States, Cupertino
16having 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 about your workmanship and
loyality etc. I think this
will solve your problem.
Otherwise this will help
you to proceed legally.
However, better to take
proper legal advise before
proceeding\'
Best wishes,
Eswararao Ivaturi.
From United States, Cupertino
Dear Anonymous,
I agree with Dolphy, you should go and meet the new management and request them to share the information with you, after which you can explain the situation to them, do not worry of the outcome. However westernised we become one thing remains unchanged i.e do your job without thinking of 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 your experience again telling them the same thing in a positive approach.
Whether you continue the same job till you get another job or you quit this, should be your own decision. Opportunities keep coming but compromising with your self respect at any cost is not acceptable.
All the best
Karuna Jadhav
From India, Mumbai
I agree with Dolphy, you should go and meet the new management and request them to share the information with you, after which you can explain the situation to them, do not worry of the outcome. However westernised we become one thing remains unchanged i.e do your job without thinking of 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 your experience again telling them the same thing in a positive approach.
Whether you continue the same job till you get another job or you quit this, should be your own decision. Opportunities keep coming but compromising with your self respect at any cost is not acceptable.
All the best
Karuna Jadhav
From India, Mumbai
Hello Anonymous!
Many opinions are jostling to e 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 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 vindated hence not find it difficult getting another job in the industry.
Procedurally, no reputable company will give out an employement 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 unfavourable we will terminate the employement contract forthwith' Do you have that in your letter? If no, legal option is wide open for you to pursue. If yes, legal door is closed.
Pursuing the issue legally will vindicate you, clip the wings of this manager and send out signal to his likes that they are not God! Additionally, it will get the recruiters to be prudent in their recruitment drive.
I will advice that you take the legal option and seek damages because it was the offer of employement letter that made you to resign from the former company where you were gainfully employed!
I wish you luck
Olarinde
From Nigeria
Many opinions are jostling to e 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 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 vindated hence not find it difficult getting another job in the industry.
Procedurally, no reputable company will give out an employement 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 unfavourable we will terminate the employement contract forthwith' Do you have that in your letter? If no, legal option is wide open for you to pursue. If yes, legal door is closed.
Pursuing the issue legally will vindicate you, clip the wings of this manager and send out signal to his likes that they are not God! Additionally, it will get the recruiters to be prudent in their recruitment drive.
I will advice that you take the legal option and seek damages because it was the offer of employement letter that made you to resign from the former company where you were gainfully employed!
I wish you luck
Olarinde
From Nigeria
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
From India, Delhi
Based on some facts given by you here, my advice will be as under
1. If your current organization where you are serving 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, copy marked to CEO, stating that you have been put into hardship by withdrawal of offer after you have submitted resignation.An organization can withdraw an offer only if there had been misrepresentation of facts. For example, if you have specified your present employer is A and if you are really working with B, then they can withdraw the offer. Similarly your qualification 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 statement by your current employer regarding your performance etc, offer can not be withdrawn Send a well drafted letter which should highlight the mistake committed by the new employer. However, if you have hidden any facts, regarding your qualification, employment history then think twice
From India, Chennai
1. If your current organization where you are serving 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, copy marked to CEO, stating that you have been put into hardship by withdrawal of offer after you have submitted resignation.An organization can withdraw an offer only if there had been misrepresentation of facts. For example, if you have specified your present employer is A and if you are really working with B, then they can withdraw the offer. Similarly your qualification 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 statement by your current employer regarding your performance etc, offer can not be withdrawn Send a well drafted letter which should highlight the mistake committed by the new employer. However, if you have hidden any facts, regarding your qualification, employment history then think twice
From India, Chennai
Hello Anonymoususer2013,
Like a few other members suggested--now-a-days, every Offer Letter, especially in the IT sector & MNCs contain the Background Clause & the consequences of unfavorable BC results. Many companies also mention it in the Interview Process.
Ignorance of the process is no reason for a 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/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 & you will know what this entails--that's part of the game for any & 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/said is right or wrong, etc--pl 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. Suggest focus on that aspect of your nature. The very fact that the PM has gone to such length 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 to 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 would you be achieving by taking that route--except feeding the advocate for a few years AND spending a few years of your time in 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 & 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 & 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 look for other jobs--and make it a point to BRIEFLY mention the REAL reasons to change during the interview process.
All the Best.
Rgds,
TS
From India, Hyderabad
Like a few other members suggested--now-a-days, every Offer Letter, especially in the IT sector & MNCs contain the Background Clause & the consequences of unfavorable BC results. Many companies also mention it in the Interview Process.
Ignorance of the process is no reason for a 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/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 & you will know what this entails--that's part of the game for any & 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/said is right or wrong, etc--pl 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. Suggest focus on that aspect of your nature. The very fact that the PM has gone to such length 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 to 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 would you be achieving by taking that route--except feeding the advocate for a few years AND spending a few years of your time in 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 & 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 & 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 look for other jobs--and make it a point to BRIEFLY mention the REAL reasons to change during the interview process.
All the Best.
Rgds,
TS
From India, Hyderabad
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