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> Civil court case in Malaysia, To gather information on legal fees etc.

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Daddy2be
post Aug 14 2019, 11:19 PM

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QUOTE(2feidei @ Aug 14 2019, 05:54 PM)
Go look or read closely in your employment contract that you sign, especially on resignation. Worst case scenario, on first day you join, you tendered your resignation letter, then serve notice while applying leave from current co for the duration.

Second, i might be wrong, but, such clause has no legal standing in law one, unfair, doubt they able enforced it.

If I am you, I just ignore it, take it as future lesson, next time think properly first before sign anything
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U need to read again bro
Daddy2be
post Aug 14 2019, 11:29 PM

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QUOTE(gabriella89 @ Aug 14 2019, 05:46 PM)
Well, thing is like this.. I've signed an employment contract with a company and my current company counter offered me, and there is this one clause in the employment contract mentioning that I will need to indemnify the company with the said amount if i wasn't able to turn up for the job.

I have proceed with all of the necessary steps, like rejecting the company's offer in a good manner, both written and via phone call, and they insist that I would need to pay them with that amount and might bring this to the court.

I don't think that I would counter-sue the other party, it might be troublesome  sweat.gif
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If he company decide to persue this I have little doubt that they will succeed in making you pay. You have signed on the dotted line but chosed to break the contract in bad faith. And it would be very easy to prove since your company would have all the record about your counter offer.

That being said, assuming you were NOT AN asshole to the company you supposedly agreed to join, show up in person and negotiate with the PIC. It cost money to fight/defend this and nobody but the lawyers win since so little money involved.

I too have this clause inserted for key position in my company. It is to discourage people to do exactly what you did; accepting a counter offer and breach the good faith.

It could just be a scared tactic but honestly speaking, you signed an agreement and broke it but it seems your manners tells you it's adequate to send and email and a phone call. Imagine your current boss rescind the counter offer with an email and phone call.

I wish you good luck

 

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