If you are stuck in such a situation, here is what to do.

Mr. Sameer Sharma found himself in a precarious professional situation. After being transparently terminated from his previous role at “Innovate Solutions Pvt. Ltd.” due to performance issues, he secured a new position at “FutureTech Enterprises.” He had been completely honest with FutureTech about his past, and they agreed to proceed with his employment, contingent on a successful background verification (BGV). The CEO of Innovate Solutions, Mr. Alok Verma, had personally assured Mr. Sharma that he would cooperate with the verification process.

However, once the official BGV process began, Innovate Solutions became unresponsive. The HR department ignored all calls and emails from the verification agency. Mr. Verma, who had given his word, also ceased all communication. Mr. Sharma is now under immense pressure from FutureTech to ensure the verification is completed, but his former employer’s silence has left him powerless and at risk of losing his new job. Despite having provided alternative documents like salary slips, Form 16, and bank statements, the insistence on direct verification from the ex-employer has created a significant roadblock.

Advice in such cases

• Document Everything: Keep a meticulous record of all communication. This includes emails, text messages, call logs, and any written correspondence with both your current and former employers. This documentation is crucial evidence.
• Communicate Formally: Send a formal email to the HR head and CEO of your former company, politely reminding them of their verbal assurance and the urgency of the situation. Mark a copy to your personal email ID to maintain a record.
• Provide Alternative Proof: Proactively offer your new employer a comprehensive set of alternative documents. This includes salary slips for your entire tenure, your official bank statement showing salary credits, your Form 16, and your Provident Fund statement. This demonstrates your transparency and willingness to cooperate.
• Send a Legal Notice: If informal requests fail, the next step is to have a lawyer send a formal legal notice to your former employer. This notice will state the facts, highlight the potential damage to your career and livelihood due to their non-cooperation, and demand a response within a stipulated time frame. Often, a formal communication from a lawyer prompts immediate action.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

While there is no specific law that compels a former employer to respond to a BGV check, their deliberate and malicious silence can give rise to a civil claim for damages. The legal recourse is primarily rooted in civil law, specifically the law of torts.

• Tortious Interference with Business Relationships: If you can prove that your former employer’s refusal to respond was intentional and malicious, and it directly caused you to lose your new job, you may have grounds to file a civil suit for “tortious interference.” You would need to demonstrate that their actions were wrongful and resulted in financial loss (the loss of salary from the new job).
• Defamation (Section 356 of the Bharatiya Nyaya Sanhita, 2023): While silence itself is not defamatory, if the ex-employer makes false, negative statements during the verification, it could amount to defamation. However, in a case of non-response, this is less applicable unless their silence is interpreted as a malicious “no comment.”
• Civil Suit for Damages: Your primary remedy would be to file a civil suit in a court of appropriate jurisdiction, seeking monetary compensation for the loss of employment and the mental agony and harassment caused by the ex-employer’s actions.

If you are the complainant

As the individual facing this issue, you are the complainant. Your goal is to either compel a response or protect your current employment.

• Gather All Evidence: Collect every piece of paper and digital communication. Your offer letter from the new company (stating the BGV condition), your termination letter from the old company, emails and messages to the ex-employer, and any responses (or lack thereof).
• Formal Communication is Key: Before proceeding legally, ensure you have sent a final, formal request via email or a registered post letter to the ex-employer. This shows the court that you made every reasonable effort to resolve the matter amicably.
• Issue a Legal Notice: This is the most effective first step. A legal notice drafted by an advocate holds significant weight and often resolves the issue without needing to go to court. It outlines your grievance and the potential legal action you may take.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you have already lost your new job because of the ex-employer’s non-cooperation, you are now a victim of their actions and can seek damages.

• Calculate Your Losses: Determine the financial damage you have suffered. This includes the salary you would have earned, any joining bonus you forfeited, and other associated financial losses.
• File a Civil Suit: Your lawyer can file a suit for damages against the former company. You will need to prove that their specific action (or inaction) directly led to the revocation of your job offer and caused you financial and mental distress.
• Inform Your New Employer: Keep the new employer informed about the legal steps you are taking against your former employer. This shows your commitment to resolving the issue and may, in some cases, persuade them to reconsider their decision or give you more time.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

This is a civil dispute, not a criminal one. The police have no jurisdiction in such matters. If you approach a police station, they will not register a First Information Report (FIR) as no cognizable criminal offence has occurred. They will rightly advise you to approach a civil court for resolution. The police would only get involved if there were elements of criminal intimidation, forgery of documents, or fraud, which is not the case in a simple non-response scenario.

FAQs people normally have

Has anyone else faced a situation where the ex-employer simply didn’t respond during BGV?

Yes, this situation is unfortunately not uncommon. It can happen due to administrative inefficiency, personal grudges, or a company policy of not engaging in detailed post-employment verifications.

Will companies accept alternate documents in such cases?

Many reasonable companies will. If you can provide a comprehensive package of documents—such as salary slips, bank statements, Form 16, and your relieving letter—many employers will accept this as sufficient proof of employment, especially when you have been transparent from the beginning.

Can this still lead to termination even though I disclosed everything honestly upfront?

Yes, it can. If the employment contract explicitly states that a “green” or successful BGV report is a mandatory condition for employment, the company is within its rights to terminate the contract if this condition is not met, regardless of your honesty.

Should I consider starting over, pursuing higher studies, or switching careers entirely?

While these are long-term options, your immediate focus should be on resolving the current issue. Taking legal steps can often solve the problem. Making drastic career decisions out of temporary frustration may not be the best course of action. First, exhaust all options to secure your current position.

What evidence is required?

To build a strong case, you will need the following evidence:

• The employment offer letter from your new company, which mentions the BGV clause.
• The termination or relieving letter from your previous employer.
• All email, text, or WhatsApp correspondence with your former employer (HR and CEO) where they agreed to cooperate.
• Proof of attempts by the BGV agency and you to contact the former employer (email trails, call logs).
• A copy of the legal notice sent to the former employer.
• Alternative documents you submitted, such as salary slips, Form 16, and bank statements.
• If terminated, the letter or email from the new employer stating the reason for termination is the failure of BGV.

How long will the investigation take?

There is no police investigation in such cases. The legal process timeline varies. Sending a legal notice takes only a few days. The ex-employer is usually given 15 to 30 days to respond. If the matter goes to court, a civil suit can be a lengthy process, potentially taking several years to reach a final verdict. However, the initial step of sending a legal notice is often sufficient to compel a response from the former employer.

Advocate Sudhir Rao, Supreme Court of India