So i am quitting my job and recently i received a letter saying that the company will sue me for quitting my job.

Why?

How can it be possible for someone to get sued for exercising his freedom to quit his job?

No, seriously. Is this common in Malaysia where people get sued for quitting their job? How is this possible?

yes they can.. but not worth it

read your contract, don't expect to be spoonfeed

read ur contract.... but how it can happen ? u leave without notice ?

or u join the same line company who selling same things...

This post has been edited by IrVine1987: Aug 15 2014, 04:34 PM

I did, but if the company doesn't like me and is being a burden to the company,

why would they sue me if i want to leave?

can. if u MIA. i did to my employee before. 1 month salary and lawyer fee

Only if you didn't give sufficient notice, or have not returned office property,
or are bonded over training or scholarship.

Other than that, no.

firstly, read the letter properly, on what cause they want to sue you? any breach of contract? have you signed any other contracts with them?

I gave notice and i returned everything.

I gave 2 resignation letters, 1 months notice and yesterday's letter.

Like nearlee said. It all depends on your employment contract. What are the terms for quitting. Did you make any promises to your company about staying? Are you in breach of any conditions? Did they provide you any training?

I doubt i've breached any single contract.

mesti tak baca contract ni, main sign saja

Check at the labour office, maybe they can help.
To be honest, most of the cases, the employer will lose if they wanted to pursue. Already seen several cases in my previous company.

you can type the contract here except company name. Let us read and give further advice

This post has been edited by genjo: Aug 15 2014, 04:38 PM

The thing is that i can quit after 6 months probation in a 2 year contract.

I finished 6 months and i want to leave for Perth next month.

I didn't make any promises and i receive no training whatsoever.

some ciplak company mnc always use this thing to scare their employee.

sue u la,....company dun gip shit

Than they just main scare lar. Employees also have rights. If you are sure they have no case against you, tak payah risau lar.

maybe ur company has 3 month resignation notice not 1 month as u mention earlier.

counter sue company back for suing u without a proof

2 year contract means u tied to your company 2 years?

Oh contract position...... Normally you are supposed to finish off the whole contract unless there's a mutual agreement with them to end it.

Looks like they're not happy with you ending the contract.

better if you discuss with employer even if they dun like you and you dun like them

i once bonded with some oil company because of scholarship but after some years, bosan already. after discuss, only have to pay 20% of years left

that is why kena sue

anyway, usually because need to give early notice like 2 month earlier

*i dont read your next post if you already stated

1) what does your contract say about termination period. snap that portion and post here if you can't type
2) what is the content of that sue letter. what did you breach?

first letter is resignation
second letter is complaint letter???

read/post the content of the sue letter

show us this part...

is this happened why dont u do constructively dismissal

don worry ts...since u said u done ntg wrong, juz relax and enjoy the ride

hopefully u can countersue them and enjoy some $$

Hehehehahhahahahahahohohohoho

most of the time, people sued because of giving short notice of resignation. usually during probation period, 1 months is required and when you are confirmed for the position, it is either 2 to 3 months.

sometime, this situation is void in the case of you being bonded to the company. usually after taking expensive course. other than that, i never heard of such case..

unless u are in the high management, doubt they would proceed with it.

I gave a 1 month notice.

And i didn't take any expensive courses/training.

Sued on what ground?

Not fulfill 2 years contract is it?

u quit 24 hr is it? when u sign ur contract on the 1st day of work got state anything bo.. if u dont serve the days.. they might be able to sue as u didnt perform as promise..

just as what nearly said.

read your contract, usually there's a clause where you may have a few days/month period to leave.

this is to protect the company. if you doing a super awesome job that other ppl cannot do and there is an ongoing project that involve you, you decide to quit then what about the project? project cannot do coz you decide to quit = lose money, lose reputation for failed project.

its not about ur freedom. once you sign a contract, your freedom is restricted to the tnc of the contract.

thus you CAN quit but after submitting your resignation letter usually got a grace period where you are forced to be in the company.

quitting a company usually both side affected. u can be a douche and do things not properly since you are already leaving, but doing this the company will not help you if any future employer calls them to ask about ur performance.

if the company is a douche they can throw tons of work on to you or "delay" your salary.

if they wanna sue you means you're quitting before the grace period end

....

just realized your username taufiq91. you're still quite young. a lot to learn....

This post has been edited by exsea: Aug 15 2014, 04:50 PM

absolutely not. any company cannot sue just because you resign.

you must have violated your contract/any other binding document in order for the company to have grounds for suing you.

your next step should be asking your company why are you being sued.

Haizzzz,

1. Compnay cannot force a person to work as it is against the concept of slavery.

2. However, if there is a notice period and you do not wish to comply, you can compensate in liue of the notice.

3. Same, if the agreement states that in the event you leave earlier you pay....you pay. Eg scholarship bond

4. Without the contract of employment, hard for us to advise you.

5. Company can also preemptive sue you if you contract contains non competitive clause and you are breaking that Clause.

TLDR .. need more info wat the Co is planning to take out against you

On what ground why they want to sue you?

What do you mean by 6 months probation in a 2 years contract?

Aiyo, cannot la...company cannot sue for the balance period since company had not suffered any loss. Pure economic loss cannot be pursued in Malaysia.

TS, did you leave the company before completing your resignation intend?

Or you just throw in your letter and MIA the following day?

What are the contents of your service letter?

1 of my ex-kol went "missing in action"...didnt sue him just let him go

u signed 2 years contract but it mentioned u r allowed to leave after 6 months probation ? First time heard of this

They can sue him. If the paper he signed mentioned that he's given a 2 year contract with a 6 months probation, he can't just simply cabut after 6 month probation because technically he did not fulfil his obligation to complete the 2 years contract.

In other word, he done fuk it up.

If you're still under probation and did not sign the confirmation acceptance letter, you've a high chance of voiding the lawsuit.

Go to the industrial court and seek advice in your local town.
They should be able to handle your case and send a show cause letter to your previous company. If nothing is made within 2 weeks, then you can proceed to your new company and ignore the lawsuit.

I did 6 months as intended.

Nope, under probabtionary period, the tie contract with company is not valid.

Unless TS has been confirmed from the start of his employment.

Did you sign the confirmation letter or received it personally by acknowledging it?

If none, then you're still considered a probationary staff.

Either ways, please register a case with the industrial affairs ministry or the workers union so the company can't bring up the case against you. It's a record to safeguard yourself first.

read your contract la ...you got kena bond or what or not?

you tender within the notice period or not.

If no, they should sue and whack the crap out of you.

You car expert ....but there is a legal flaw in your argument.

You see, even if I breach any contract, the remedy is for damages or specific performance that forces me to comply . In law, especially in contract of services, specific performance is a no-no because it equates the concept of slavery, i.e you force someone to work for you. Hence the remedy available is damages.

Now, even though I promise to work for 2 years, and I work only for 1 month, what did the company lose? 1 year and 11 months of my services right? How do one quantify that in $$? In fact, the company did not lose anything in terms of monetary loss. Company cannot claim for potential economic loss, i.e loss of profit generated by 1 staff as those amount to pure economic loss.

So, technically speaking, even if one doesn't complete a contact of service, subject to an agreement to compensate (hence see my no 3), the company cannot claim anything from the employee.

Wow....you sure ka?

So in that case..the company can fire a probationer anytime since contract no valid? Fikir-fikir kan la

6 months only your probation period.
After that if the company see you fit in well, you will get permanent position.
If not go again 6 months for another probation. This usually company does.

But if the contract letter stated that you need to finished 2 year after the probation, then your screwed

Of course, you baru tau how companies are arrogant and unfair ?

Yes that's already the advantage employers hold when you're in probationary staff. They can extend your probation for a given time if they are suspiscious/ragu-ragu with your performance but the staff also has the advantage to quit with the least of time when under probationary mode.

I think they know you are leaving the country and they make a case to stop you from leaving.

maybe u fucuk them so much or they fucuk u so much....

good luck TS, will be a long battle...

thats why dun burn your bridge, the world is so small

As a probationary staff you're also not given the same benefits of confirmed staffs so yeah with this disadvantage, your resignation does not hold much water or any tying contracts with the company.

apa position?

Usually you sign one agreement for probation & a contract after your probation period is over & if you decide to continue to work.

The thing is we don't know how his contract is worded. Plus he did say 6 months probation in a 2 year contract, in which he still haven't explain that.

His company can screw him on a technicality.

Stop!... if you don't really know the answer please don't muddle it. I know this is /k but please

I will just leave this here

In Khaliah binti Abbas vs Pesaka Capital Corporation Sdn Bhd, the Court of Appeal ruled that an employee on probation enjoys the same rights as a permanent or confirmed employee and he or she cannot be terminated without just cause or excuse.

You can google the case

they cannot sue u if u didn breach the contract.

so read the contract and find out on what basis are you sued.

normal just serve notice then can ciao liao.

so read it first before u continue. if really there is a court case, for u to post this here and being found out, u might get into trouble. so becareful of what you say and type here.

If company did that then there must be contract breach. Don't ask us if you right or wrong without showing the contract. Consult lauyar if wanna proven innocent.

All binding contracts with the company do not apply or is void during your probationary period.

So TS, the first thing you want to defend yourself now is to register your case with your worker's union or the industrial affairs ministry(if you're an executive position with no overtime claims) to secure yourself.

either ur company is a douche or u broke some clause in your contract..

unfair clauses can be dismissed by the courts.. ur company can't say u hafta to pay them 1billion if u quit...

but bonds, non compete clause, notice periods are very common...

i most probably broke the bond clause

In addition, you can counter sue them as well if they're trying to enforce an unenforceable clause.

Sue them for causing distress and attempting to sabotage your career progression.

Non-compete is not enforceable if it is unreasonably worded like you cannot get another job in the same field for x number of years.

Taufiq91 did you read this post?

provide us the details so we can help instead of keep on talking useless point, you may think you are right but the black and white got some loop hole to make you wrong..

provide these details and let the adviser give you a 2 cent advice.

did any HR notify you their approval to quit. Normally when u want to quit sent one to manager and another to HR. i am assuming HR was not inform you are quitting

yaya.. that is why i said unfair clauses will be thrown out by the courts in case it goes to trial...

but this kind of clause usually for high ranking execs or technical ppl..

TS looks like freshie so i doubt this is the case....

Ah finally a legitimate post from Riddle.

Yes, non compete has to harmonized with the prohibition of restrain of trade. Each Clause will be interpreted by the Court to see the reasonableness. You cannot be barred from making a living, but can be barred from joining in a same industry. Usually the restrain will be to join a competitor in certain area or radius for x amount of year. X has been decided to be in the range of 6 months-3years. Cannot be like 10 years or that since it will render it unreasonable.

I'll try and upload the contract letter.

freshies need to learn when u submit ur resignation letter.. prepare 2 copies and have ur superior sign n date it... then u keep one copy... better if HR rep can sign and date it too

if the company is a douche, the letter can just disappear and company consider you MIA...

according to labor law.. MIA for 2 days without reason is grounds for disciplinary action... if ur contract say 2 months notice, company can sue u for the 2 months pay...

show ur letter lar... maybe u didn't understand what the letter write, let /k read for you...lol

They tangkap u this i think.

This post has been edited by netmatrix: Aug 15 2014, 05:35 PM

FAQ on Employment Law by ICPC
http://www.malaysianbar.org.my/committee/i..._questions.html

Malaysian Labour Law : Regulation of Employment
http://my.jobsdb.com/MY/EN/V6HTML/JobSeeke...t/dispute_4.htm

PLWS
http://www.plws.gov.my/v1/index.php/en/mengenai-kami/jppm

How to Contact(Locate Your Nearest Industrial Affairs Ministry):
http://www.plws.gov.my/v1/index.php/en/hubungi-kami

The more complaints about your company the better as they'll shame your company to withdraw the lawsuit against you.

Mind mentioning the company's name here, TS?

don't forget to censor your personal detail, company name & address.

Send them back an email politely asking them why they want to sue you with evidence that you abide by their terms and condition. If they give butthole reason, then don't be threatened by them. Some cina man company like tht 1...

They're exactly that.

The company was founded by a Chinese couple who were formerly accountants.

Lol....ICPC...I know some of the fellas who did that FAQ.

Name and shame? Waloa..later the company sue the TS for defamation lagi jia lat......

You expect the company to talk on terms with you when they are already intending to profit from suing you?

Visit the Industrial Affairs Ministry, lodge a report. Then the ministry will summon them to the office with you to settle things.
It's the safest way not to deal directly with them with proper evidences.

The more complaints and cases ex staffs lodge about the company the better.

The loss can be that the company has contract with other company in which it is counting on you to perform your job to fulfil that contract. A sudden resignation on your part could cause the company big issue as there is no one doing the job now while it is still bound by its own contract. There is real monetary loss involved.

But really, whether the company has the rights to sue is really depending on your own contract terms with the company. The lawsuit letter would have spelled it out. I haven't seen you have revealed its content yet so I doubt anyone can give you any specific and useful answer as everyone is merely guessing.

it is possible if you are bonded for certain years and you breach that contract

so confusing. like what others said, read your contract. did they specified anything about how many month needed before you can resign ? and since you stated 2 years contract, which mean you are bonded for 2 years lo.

the second statement about "can quite after 6 month probation in a 2 years contract" is confusing.

i think it could be the other way "quit before 6 month probation"..

anyway read your contract, if dont understand, find a lawyer friend

tabletman is right. thats why you need certain month to inform (usually specified in contract) before u can resign.

I understand where you are coming from. However, unless you understand the concept of pure economic loss, I cannot explain it further.

TLDR, the loss must be within parties contemplation. Every loss there is a test, remoteness. If everything under the sky can be claim, say like if I bang someone on the way to job interview, am I to pay him for the "potential" gain of salary if he had successfully attended the interview? If so, the possibility is endless and leads to uncertainty in law.

Again, the loss must be real and cannot be some formulated loss based on what ifs? So if I resign from my post, what is the "real" loss to the company? Losses that were contemplated by parties.

lol cant believe you brought country into this matter

you can argue till the cows fly home, but usually black and white contract wins.

You have the late Karpal banner and yet

Its the Judge's interpretation of the contact that wins...if you followed my explanation, I already said No 3. Above, if the agreement says compensation, pay up. The above scenario is on the premise where the contact doesn't have a compensation /LAD clause.

Cow can come home liao lo

ah ok, then valid

Review your contract of employment. If there is a breach, the co is entitled to sue you

Yes, legit.

What they are suing you for?

Did you resigned too soon? example: minimum working period or something?

I am explaining why a company can be pissed off and sue because of an employee's action. The "damage" that can be won in lawsuit is a different matter. It depends on the contract and how it is worded. If you are merely concerned about what is the potential damage the company can ask you to pay via a lawsuit, just provide the contract content and others can make sense of it.

Only if you didn't give sufficient notice, or have not returned office property[COLOR=red],
or are bonded over training or scholarship.

really?