Hi,
I worked for a small company in Bangalore for 3.5 yrs(Nov 2011 to March 2015).I resigned it on 12 December 2014 and served 3 months notice period . My previous employer wanted me to stay back but I insisted so he gave me a bad reference in my experience letter by saying "The performance of Mr.X during his tenure was average and conduct is not satisfactory" in my experience. I dealt with this very politely and had very good conduct with my colleagues. I have served my notice period and done with all my work. My previous boss orally said me that he will screw my life by giving bad reference in my experience letter.My new company is located in Pune and I said all these matter to my new HR. He just said me to submit the proofs and I sent him my resignation mails and recent hike letter. Its been 1.5 months working with new company and they have not come back asking for any further details nor I went and asked.
I wanted to know that will this bad reference in my experience letter will cause any problems if I try to change my job in future. Should I take legal action against my former employer.
From India
1I worked for a small company in Bangalore for 3.5 yrs(Nov 2011 to March 2015).I resigned it on 12 December 2014 and served 3 months notice period . My previous employer wanted me to stay back but I insisted so he gave me a bad reference in my experience letter by saying "The performance of Mr.X during his tenure was average and conduct is not satisfactory" in my experience. I dealt with this very politely and had very good conduct with my colleagues. I have served my notice period and done with all my work. My previous boss orally said me that he will screw my life by giving bad reference in my experience letter.My new company is located in Pune and I said all these matter to my new HR. He just said me to submit the proofs and I sent him my resignation mails and recent hike letter. Its been 1.5 months working with new company and they have not come back asking for any further details nor I went and asked.
I wanted to know that will this bad reference in my experience letter will cause any problems if I try to change my job in future. Should I take legal action against my former employer.
From India
It is disheartening when employers act in odd fashion and go out of their way to spoil further employment prospects.
If your new HR has not taken this negative feedback into question it is good.
Go the extra mile in your work in the new company.
Analyse the behaviour of previous employer and see whether you contributed to negativism in any way.Probably the act of quitting had put them off,especially if you were holding some crucial job/project.
Anyway past is past and cannot be undone.
I would probably write to my previous employer putting in perspective the work you had done,results achieved and clear the terms "average' and "not satisfactory".Document this and preserve your letter.
Remember a good worker can never be kept down.
Prove your merit and conduct in new company and then the earlier comment would be viewed as an aberration by a cranky boss.
From India, Pune
If your new HR has not taken this negative feedback into question it is good.
Go the extra mile in your work in the new company.
Analyse the behaviour of previous employer and see whether you contributed to negativism in any way.Probably the act of quitting had put them off,especially if you were holding some crucial job/project.
Anyway past is past and cannot be undone.
I would probably write to my previous employer putting in perspective the work you had done,results achieved and clear the terms "average' and "not satisfactory".Document this and preserve your letter.
Remember a good worker can never be kept down.
Prove your merit and conduct in new company and then the earlier comment would be viewed as an aberration by a cranky boss.
From India, Pune
In Kamal Kishor Lakshman v. Pan American World Airways, (1987) 1 LLJ 107, the Supreme Court observed that "a stigma is something that detracts from the character or reputation of a person. It is a blemish, a disgrace, an imputation, a mark or label indicating a deviation from a norm.
Thus giving of certificate of experience to the effect "The performance of Mr.X during his tenure was average and conduct is not satisfactory" is punitive in nature and could not have been issued by employer without giving you opportunity. Moreover, you rendered more three years experience and must have earned increments, cannot be suddenly given that sort of certificate. If they wanted they could have conducted inquiry before giving this punitive certificate. Approach the Inspector under the Factories Act to get modified your experience certificate.
Thanks
Sushil
From India, New Delhi
Thus giving of certificate of experience to the effect "The performance of Mr.X during his tenure was average and conduct is not satisfactory" is punitive in nature and could not have been issued by employer without giving you opportunity. Moreover, you rendered more three years experience and must have earned increments, cannot be suddenly given that sort of certificate. If they wanted they could have conducted inquiry before giving this punitive certificate. Approach the Inspector under the Factories Act to get modified your experience certificate.
Thanks
Sushil
From India, New Delhi
Indeed , a deplorable act. It is an unethical act on the part of the employer to act under some kind of emotional outburst to spoil the future employment chance of an ex-employee .
From India, Bangalore
From India, Bangalore
So you've joined this new job and have been working here for 1.5 months and no one has bothered so far?
That's a good sign.
The biggest impact this bad reference could have had was on this immediate next job and I think you are doing fine there so stop worrying now.
In any case, the new bosses will make their impressions based on what you do here. If your work and behavior contradict whats written in the letter, no one will bother. If you do something that confirms whatever your earlier boss wrote, expect the reaction to be stronger because then it would be like, "He is a troublemaker wherever he goes".
So, forget about the letter and focus on your job. Do your work well and build good professional relations in the workplace. No one would bother about this letter a few years down the line.
From India, Delhi
That's a good sign.
The biggest impact this bad reference could have had was on this immediate next job and I think you are doing fine there so stop worrying now.
In any case, the new bosses will make their impressions based on what you do here. If your work and behavior contradict whats written in the letter, no one will bother. If you do something that confirms whatever your earlier boss wrote, expect the reaction to be stronger because then it would be like, "He is a troublemaker wherever he goes".
So, forget about the letter and focus on your job. Do your work well and build good professional relations in the workplace. No one would bother about this letter a few years down the line.
From India, Delhi
Hi All,
Thanks for your great input.Taking legal action against my former employer is not possible as i am in a different state now and involved in work with my current organization.We all know how our country's legal firm work.Well this is a great forum and from this forum i would like to tell the HRs that before considering a bad statements in any ones relieving letter (especially from a small organization who are unprofessional) try to look into it what exactly it is instead of blindly believing unethical and unprofessional peoples statements who have shown their emotional outburst on the relieving letter and coming to a negative conclusions by judging a person as bad because of the bad statement in the relieving letter.In my case i have all proofs which says that i have followed the rules correctly and my conduct was really good else i would not be employed there for 3.6 yrs and served my 90 days notice period.
From India
Thanks for your great input.Taking legal action against my former employer is not possible as i am in a different state now and involved in work with my current organization.We all know how our country's legal firm work.Well this is a great forum and from this forum i would like to tell the HRs that before considering a bad statements in any ones relieving letter (especially from a small organization who are unprofessional) try to look into it what exactly it is instead of blindly believing unethical and unprofessional peoples statements who have shown their emotional outburst on the relieving letter and coming to a negative conclusions by judging a person as bad because of the bad statement in the relieving letter.In my case i have all proofs which says that i have followed the rules correctly and my conduct was really good else i would not be employed there for 3.6 yrs and served my 90 days notice period.
From India
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