I had worked in a start up
Firm a decade ago for a year + in Bangalore (India), but
I was not being paid for my services. They issued me a
Certificate that I worked there for the duration but did
Not pay me any kind of compensation. The agreement was they
Would allow me to work on their software projects and I
Could use the experience for building my career.
My current employer (with whom I have been employed for 5
Years) now says that their background check failed for this
Particular company ( which I worked for free 10 yrs ago) and is now
Asking me to provide tax returns or bank statements showing
Proof of payment from that start up.I am in no position to
Provide that, and they are using this reason to lay me off
Without a severance package due to bad market conditions in
The software industry. They are not ready to accept the
Employers experience certificate or referrals as a means of proof for my
Employment during that period.
The previous employer wrote amail to my current employer confirming my employment, however my current employer is not ready to accept this.My current employer did not raise any issue while hiring me (though background checks were done at that time) and now uses this as a reason to fire me. I am currently in California and have been here on a L1 A visa (transfered from India office) since 2005.
The fact that the organization has employed me since 5 years and now questioning an employment which happened 10 years ago itself smells of a ploy. However I am not the only one facing this, its happening to many people in the organization.What step could I take to prevent this unethical practice in the company?Is there an authority I could complain to? The last few weeks have caused a lot of mental annoyance as I feel my integrity and credibility is at stake, in addition to feeling insulted, victimized, troubled, discriminated & humiliated. This has affected my work performance in the current project and created a hostile environment for my future projects, in addition to a sudden deterioration in my personal life & health too. I would like to report the Harassment caused to me by my organization,this experience has put me and my family in great pain.Please help.

Hello A:

Unless you have an employment contract, or are a member of a union, or unless there were special guarantees made due to your immigration status, you are employed "at will".

That's a legal term meaning they can fire you at any time and for any reason whatsoever.

Given the above, you have no recourse.

excon