No Hire Feedback from Ex Employer
9 months ago
I had been working on an employer where my manager was micromanaging me and there was immense bullying from the coworkers who supports him. During my pregnancy the manager had forced me to resign claiming my performance was not upto the mark and I had raised an HR complaint against him .But HR gave zero support to me and i had to resign from my job giving back the bonus amount the company had paid me during joining the company.Now another company had recruited me during my pregnancy and now I came to know from my manager that The previous company had failed me on the background check and gave a feedback saying not to hire me.Simply becos I had complained against the person .But Luckily I had already informed my current employer about the issues I had faced and they had ignored this issue. I just wanted to know how can i tackle this situation .Can i just remove the period of 6 months i worked with the company will it work ?
An employer cannot force a woman employee to resign after being aware of her pregnancy under any circumstances and cannot deprive her of the benefit available under Maternity Benefit Act, 1961 if she qualified for the same. Moreover in the absence of any condition in your offer letter that on resignation you have to return back the bonus either annual or periodical which you are entitled to by virtue of your contribution to the growth of the Company and payable under the Payment of Bonus Act, 1965 and such a condition being contrary to the provisions of the relevant law is void and unenforceable. So in the prevailing situation, it may be suggested that if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. Otherwise, you have to file a civil suit before the Civil Court to obtain appropriate relief in the matter.
If the said ex-employer gives you a negative feedback without any fault of yours then you can file a case for defamation against the ex-employer for the same.
Anonymous
Replied 9 months ago
Thank you sir what will be the procedures for the same.I have all the email communications happened before resignation with me
Termination
FnF amount not received
No Leave Encashment - Worked for 18 plus years in the organization
Salary FnF not done
Shift Allowance
