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Old 14th October 2008, 23:21   #1
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Default How to handle this fraud?

One of my friends has been cheated by his ex-employer. He is in a tough situation now. Would like to ask you guys on advise on how he could possibly handle this.

He has been working with a software firm in Bangalore from 2004-06. After that he joined another firm and worked until 2008. The first employer was a startup and they never gave him an appointment letter and kept on delaying it giving one reason or the other. When he resigned in 2006, they gave him an experience letter for 2005-06 only. He did not think it is a big issue and ignored it at that time. Now in 2008 he got an offer from a reputed company. He had given in CV his experience with previous both employers. The investigation agency of this company contacted the first employer and they denied that he has been working with them during 2004-05. The agency treated this as a case of fraud and he lost the good offer. He is now jobless and in a tough situation. The ex-employer is still not willing to giving his experience letter for the first year saying they cannot legally show that they employed people during this time. If he doesnt show the experience of 2004-05, he will have the explain why he has a gap between his academics and first job.

As proof only thing he has is bank statements of salary transfer. The transfer is from a private account to his account but the remarks says "<company name> Salary".

Is there any point taking a legal route in this case? Is there a possibility of immediate actions in such cases?

Please advice

Thanks,

Nirmal
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Old 14th October 2008, 23:52   #2
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That is bad, Jobless now when the market is on a downward slope.
Poor guy.

He should have got something on paper, salary credited (bank statement) can be treated as proof but it really depends on the company and the policy they have in place.

A salary slip would have been better.
But I don't think the bank statement will hold good with most companies.
You can try, but for this this fact should have been mentioned up front.
Else they (company) will think you (potential candidate) is trying to hide something or putting in "fake" experience (lot of people do this, I really don't know why).

I'm not sure about the legal route, but even if there is that will take sometime.

My suggestion will be, assuming your friend is on good terms with the HR of the ex-employer have a personal chat and explain the situation and get a letter from them saying that he was on probation/apprenticeship for the initial term.

Also keep some reference from that company (ex-team members).
Keep them posted on the situation as well.

No one will want try to spoil a guy's career (unless the HR and PM are really evil like my ex-employer, I know a guy who got terminated reason being he took leave as his father was admitted in hospital due to a heart attack)
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Old 15th October 2008, 00:04   #3
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Thats really sad....
I hope he must be having a PF account right from beginning of his employment. With the PF account number he can have a statement from his PF operator. In PF statement, the Company who has paid the amount will be mentioned. Along with a detailed Bank statement, he can approach the last company who has offered/hired him. Be frank and tell them the story. I believe anyone working in a private firm can understand the situation. If not then he can file a case and get the damage paid by them( but will take years ).
First of all he should keep in touch with his present HR. He should tell them that all details I have furnished on resume is real and I need a months time to prove that. Ask their assistance on the same. I dont think any HR would like to sack an innocent guy and definitely the will help him.

I know a similar case happened with one guy, he has followed the above mentioned way, and the ex-employer them self settled the case outside court ( He had filed a case against the VP HR of that company ). They called up the present employer of that guy and clarified all details.

Last edited by HotChillyPepper : 15th October 2008 at 00:13.
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Old 15th October 2008, 00:26   #4
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Well, IMO the bank statements should help bolster his claims. Showing those to the HR dept and explaining everything should be a good first step to resolving this vexed issue. However, he must have other materials, such as appraisal letters, training materials, or emails from that period which could help him as well.
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Old 15th October 2008, 00:40   #5
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PF account credits & Form 16 (mandatory by law to provide by every employer deducting tax/having TAN account).

He can also plead to the new employer stating that he was employed by as a startup he never got his appointment/offer letter initially.

Beyond pleading he's not able to do a lot. 3rd party verification agencies also leave a lot to be desired.

PF account can clear 99% of doubts.

Cheers
M M
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Old 15th October 2008, 06:28   #6
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PF account entries and Form 16.
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Old 15th October 2008, 06:54   #7
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Yes, PF & Form 16 will be rescue. But I doubt if this "startup" guys have any proper record for the 2004-05, since the post says "for some reason" they can legally show people employed in that year.

Its bad luck. Ask him to check if he has any correspondence with the company or the client he was working for during that period.

Good luck.
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Old 15th October 2008, 08:05   #8
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Quote:
Originally Posted by Lalvaz View Post
Well, IMO the bank statements should help bolster his claims. Showing those to the HR dept and explaining everything should be a good first step to resolving this vexed issue. However, he must have other materials, such as appraisal letters, training materials, or emails from that period which could help him as well.
100% agree with the above suggestion. I have been in hiring and recruitment and I will buy it, IF I can find reason. All companies understand that we dont live in an ideal world!
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Old 15th October 2008, 09:26   #9
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Produce proof of employment such as...
  • Salary slips
  • PF statement
  • Bank statement
  • Form 16/IT return
  • Welcome mail/letter/pack when he joined the company
  • Appraisal letter
  • Other mail correspondence from his superiors
  • Written letter from his ex-boss/HR manager
  • Any other letter he might have obtained from them for address proof,salary certificate etc (for loans, credit cards, telephone/cell connection...)
  • ...etc
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Old 15th October 2008, 09:31   #10
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And, if need be he should have this fact that "his ex-employer does not want to give a experience letter for that period because he was not legally allowed to show people employed in that legal entity" documented and ready to be presented along with bank statements, other evidences, etc.
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Old 15th October 2008, 09:46   #11
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What about getting some of your ex-collegues as "witness" to the fact that you were working there to the new company?

As mentioned above, the new company HR would be more than willing to give a patient hearing to what your friend has to say. Especially when someone is dealing with experience in startups.
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Old 15th October 2008, 10:38   #12
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Maybe he can request the ex-employer to give him a letter saying that he was hired as an independent consultant (and not on the payrolls). The ex-company definitely may have a reason for not giving him a letter identifying him as an employee in 04-05. But they may agree to the fact that he was an independent consultant whose services were hired in 04-05.
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Old 15th October 2008, 11:59   #13
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The ex-employer cannot "show" your friend as an employee, but they surely could have given proper info to the "investigating agency"??

The proper way out would to be file a case for defamation, cheating and fraud.
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Old 15th October 2008, 16:13   #14
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Quote:
Originally Posted by BaCkSeAtDrIVeR View Post
The proper way out would to be file a case for defamation, cheating and fraud.
Whoa, watch it cowboy! No potential employer will look kindly upon an employee who has sued his ex-organisation.
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Old 15th October 2008, 17:21   #15
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Quote:
Originally Posted by GTO View Post
Whoa, watch it cowboy! No potential employer will look kindly upon an employee who has sued his ex-organisation.
Is the reverse OK?? just a thought.

i think your friend can scramble his emails, documents (any travel docs), PF statements, salary accounts, offer letter emails, photos anything related and try and convince the new employer to reconsider the offer. There is nothing much that can be done since the employer simply won't take the risk as there are enough in the market (may be i am wrong) unless they are very interested in a specific case.
suing vueing etc not going to work atleast in getting the new job. All the best for a job.
Or use this opportunity to find another stream (even a flood releif participation) and may be really helpful in getting in to a good b-school. There are too many other options available..watch out... take a break..kit kat..
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