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Can a company sue you for quitting your job?
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SUSbananajoe
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Aug 15 2014, 05:52 PM
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QUOTE(Taufiq91 @ Aug 15 2014, 04:32 PM) 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? it is possible if you are bonded for certain years and you breach that contract
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SUSbananajoe
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Aug 15 2014, 05:55 PM
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QUOTE(Taufiq91 @ 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. 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
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SUSbananajoe
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Aug 15 2014, 05:57 PM
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QUOTE(gladfly @ Aug 15 2014, 05:09 PM) 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. QUOTE(tabletman @ Aug 15 2014, 05:50 PM) 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. tabletman is right. thats why you need certain month to inform (usually specified in contract) before u can resign.
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gladfly
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Aug 15 2014, 05:57 PM
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QUOTE(tabletman @ Aug 15 2014, 05:50 PM) 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. 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.
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Pugface
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Aug 15 2014, 05:58 PM
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lol cant believe you brought country into this matter
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SUSbananajoe
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Aug 15 2014, 06:01 PM
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QUOTE(gladfly @ Aug 15 2014, 05:57 PM) 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. you can argue till the cows fly home, but usually black and white contract wins.
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gladfly
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Aug 15 2014, 06:05 PM
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QUOTE(bananajoe @ Aug 15 2014, 06:01 PM) 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
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SUSbananajoe
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Aug 15 2014, 06:09 PM
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QUOTE(gladfly @ Aug 15 2014, 06:05 PM) 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
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funnybone
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Aug 15 2014, 06:14 PM
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Review your contract of employment. If there is a breach, the co is entitled to sue you
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futra
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Aug 15 2014, 06:14 PM
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QUOTE(dgrebel @ Aug 15 2014, 04:34 PM) can. if u MIA. i did to my employee before. 1 month salary and lawyer fee Yes, legit.
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santik
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Aug 15 2014, 06:51 PM
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QUOTE(Taufiq91 @ Aug 15 2014, 04:32 PM) 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? What they are suing you for? Did you resigned too soon? example: minimum working period or something?
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tabletman
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Aug 18 2014, 09:39 AM
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Getting Started

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QUOTE(gladfly @ Aug 15 2014, 05:57 PM) 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. 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.
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DemonKnight
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Aug 26 2014, 01:09 PM
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Getting Started

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