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SUSsentro2020
post Dec 5 2007, 01:01 PM, updated 18y ago

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anyone experience MIA from company before ... still under contract.

due to some reason, i MIA from this company , and now the agency keep sending letter to my house. hey request me to compensente rm2000 as my basic salary. Can i just ignore them ?


need serious help here


Added on December 5, 2007, 1:01 pmanyone got this experience b4 ?

This post has been edited by sentro2020: Dec 5 2007, 01:01 PM
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post Dec 5 2007, 01:10 PM

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why u MIA????
they actually have all the rights to ask u to compensate

This post has been edited by maintenance: Dec 5 2007, 01:11 PM
SUSsentro2020
post Dec 5 2007, 01:11 PM

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yea they sent letter to my house ....

what if i dont pay the compensation of rm2k ? what can they do ... ?
r they gonna sue me or just blacklisted me ... afterall that is just an recruiting agency ... contract
NaMyzarC
post Dec 5 2007, 01:14 PM

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if u have signed contract and MIA, if they want to pursue the matter, u will end up with a lawsuit and not only that u might be fined and your name will be well known in the industry.
b00n
post Dec 5 2007, 01:16 PM

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Sorry can't help as apparently it's your fault for not notifying them.
During your MIA period, do you still get paid?
jimmy.soo
post Dec 5 2007, 01:43 PM

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u're pawned... under the agreement letter, does it stated there u need to give them notification b4 u leave? like 2 months notice etc? if not, den they have the rights to ask for compensation
kennykck
post Dec 5 2007, 01:46 PM

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better pay compensation than leaving a bad name in the industry.
WaCKy-Angel
post Dec 5 2007, 01:49 PM

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Why the hell u MIA?

Usually contract just 24hours notice period..
Just tell ur employee u want resign then next day no need go work liao


Added on December 5, 2007, 1:50 pmSeems like u got alot of problem...

Like ur car accident or something...about ur car one....

This post has been edited by WaCKy-Angel: Dec 5 2007, 01:50 PM
SUSsentro2020
post Dec 5 2007, 01:55 PM

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it is 1 month perioud le .... i go new company and straight MIA ...

after 2 week MIA now still chasing me .. keep sending later to my home.

I tot they will just blacklist me under the agency onli.... if law suit mean how ?

Need advice from pro here ....


i know its my fault :'(
WaCKy-Angel
post Dec 5 2007, 02:00 PM

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QUOTE(sentro2020 @ Dec 5 2007, 01:55 PM)
it is 1 month perioud le .... i go new company and straight MIA ...

after 2 week MIA now still chasing me .. keep sending later to my home.

I tot they will just blacklist me under the agency onli.... if law suit mean how ?

Need advice from pro here ....
i know its my fault :'(
*
You're giving me an impression that u cant make commitment to what u agreed/signed.

What is your contract agreement there writes?
SUSsentro2020
post Dec 5 2007, 02:03 PM

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have to give 1 month notice .... if company terminate me immediately or i left immediately ... then either party have to pay 1 month salary rm2000

I MIA on November 20th, and i didnt even got salary for the month ... and also my allowances&OT for Oktober&November ...

Now still ask me pay compensation !!

If i realy din pay mean how ... any bad consequences ... any experience story ?
vey99
post Dec 5 2007, 02:07 PM

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QUOTE(WaCKy-Angel @ Dec 5 2007, 01:49 PM)
Why the hell u MIA?
http://forum.lowyat.net/topic/323267/+2320#

good luck TS.
WaCKy-Angel
post Dec 5 2007, 02:09 PM

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QUOTE(vey99 @ Dec 5 2007, 02:07 PM)
??

U mean he join Lanpa berger?
deathbringer
post Dec 5 2007, 02:09 PM

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lol...all this just to sell ur soul to Lampe Berger? u're in deep doodoo.

the contract u signed is bound by law and if they ask for compensation, u have to pay. worst case scenario is that they haul ur arse to court. coz not only is ur reputation on the line, but the recruiting agency's as well. if word spreads out, which company would go to them for recruitment if they keep hiring ppl like u?
SUSsentro2020
post Dec 5 2007, 02:14 PM

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its nothin to do with lape berge sleep.gif"

i MIA bcos i got better offer and working in new company now ......

as for lampe berge, i still didnt give the rm2500 yet ...

back to topic, any1 got xperience wta happend if MIA ? r they juz gonna blacklist u ?
tinkerbel
post Dec 5 2007, 02:31 PM

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I don't think they'll take any legal action as it'll cost them more than RM2k to do that. However, I'm quite sure u'll be blacklisted forever, and not just from the recruitment agency. They will probably share the information around too.

I don't think what u did was wise but there's no point crying over spilt milk either. It's best you send a letter of apology or something, or just MIA and pretend you died or something tongue.gif
b00n
post Dec 5 2007, 02:37 PM

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QUOTE(sentro2020 @ Dec 5 2007, 02:14 PM)
i MIA bcos i got better offer and working in new company now ......

-sniped-

back to topic, any1 got xperience wta happend if MIA ? r they juz gonna blacklist u ?
*

Let's hope that the other company didn't find out about your "short" stint. If I'm the boss and I came to find out my staffs did "this stunt" on another company, I don't think I would have any confidence in him.
Anyway, always think as if you're in the other shoes. i.e. now, it's your staffs who go MIA on you.

one.good.guy
post Dec 5 2007, 02:52 PM

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i think the damage here is not about the RM2k but your credibility. i too think that they may not pursue with lawsuit, that's my two cents, but the possiblity of you being in the black list is quite high.

i do not know how far fetched the list will be. you may try your luck as i am sure you are not the first to MIA.

but personally, i will try to resolve the matter amicably and hopefully without any compensation required.
alex13
post Dec 5 2007, 02:57 PM

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Hi Sentro2020,

I don't mean any offense. But, missing in action is probably the worst thing to do during the career. At first you should talk with the previous employer and tell them that you are leaving.

If your contract clearly speficies that you need to give them one month notice or pay RM2000 compensation, then you need to follow the rules. The contract is a legal document that protect both you and the employer. This type of miscommuncations is not uncommon, however its a pain when you are in the middle of it.

Well, no point saying that what you supposed to do now. There are contingency plans.

1) The easiest way to settle this once and for all is you pay the compensation. I know you say that they did not pay you your previous months salary. However, you need to know that who makes the bigger mistakes/faults here?

2) Go to your current employer and tell the current situation. They are more than willing to listen to your problem and will suggest you some ways. They might even help you to consult your previous employee.

3) Negotiate with your previous employer. Tell them the situation and asked for something that suits both. Bear in mind though, if your previous employer is a tough nut, you might need to handle someone with legal background or even a lawyer.

4) Continue ignorance should never be considered. Your previous employer might hire lawyer to sue you (thats the worst thing) or call the money collecting agency to come to your house and get the money. Don't ever ever think of this.

5) This is the worst case scenario and I am not joking. If all the efforts made and with no good outcome, make a police report.

PS: No matter what happens in the end, I am extremely worried that your reputation might be ruined.

Hope that helps.

Thank you

This post has been edited by alex13: Dec 5 2007, 02:58 PM
darrenboy
post Dec 5 2007, 03:27 PM

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QUOTE(sentro2020 @ Dec 5 2007, 01:01 PM)
anyone experience MIA from company before ... still under contract.

due to some reason, i MIA from this company , and now the agency keep sending letter to my house. hey request me to compensente rm2000 as my basic salary. Can i just ignore them ?
need serious help here


Added on December 5, 2007, 1:01 pmanyone got this experience b4 ?
*
why you do like that?
hizperion
post Dec 5 2007, 03:43 PM

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give a reason for late reply of the letters

went holiday overseas or something tongue.gif
SUSsentro2020
post Dec 5 2007, 05:24 PM

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but i alreadi workin in new company now ...


wat happend if i just ignore them and act as like im dissappear liao ?
Zzz...
post Dec 5 2007, 05:25 PM

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TS u must b responsible for ur actions.....running away will onli get u in more trouble. B a man n pay them the 1 mth compensation since u didn't even serve the required 1 mth notice period as stated in ur contract.




WaCKy-Angel
post Dec 5 2007, 05:26 PM

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QUOTE(sentro2020 @ Dec 5 2007, 05:24 PM)
but i alreadi workin in new company now ...
wat happend if i just ignore them and act as like im dissappear liao ?
*
if u dont scare police come tangkap then be my guest.
jimmy79
post Dec 5 2007, 05:28 PM

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even u get new job also should not MIA. You should resign properly by give them 1 month notice or just pay them 2k or discuss with them
By MIA you are putting urself in trouble only.
hoilok
post Dec 5 2007, 05:30 PM

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be responsible for what u have to ....u are not kids anymore ..just simply left without a reason ...u will be back listed in the whole industry, work spread fast around .. be a man go look for the agency and face whatever problem you have to deal with it ............
NaMyzarC
post Dec 5 2007, 05:31 PM

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now is rm2k, later rm4k, and the longer u drag the more u pay for interest and misc ;-) end up you work to pay them ;-) do not think u can run away.
crazy25kid
post Dec 5 2007, 05:42 PM

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QUOTE(tinkerbel @ Dec 5 2007, 02:31 PM)
I don't think they'll take any legal action as it'll cost them more than RM2k to do that.
*

they can alwiz sue and win and make u pay for all the legal fees.
tinkerbel
post Dec 5 2007, 05:50 PM

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@crazy25kid,
It's not worth the kind of time and administrative fee. Then again, I think they *should* take legal action - these irresponsible young kids these days just needs to be taught a lesson *sigh* tongue.gif
b00n
post Dec 5 2007, 06:30 PM

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QUOTE(tinkerbel @ Dec 5 2007, 05:50 PM)
@crazy25kid,
It's not worth the kind of time and administrative fee.  Then again, I think they *should* take legal action - these irresponsible young kids these days just needs to be taught a lesson *sigh*  tongue.gif
*

Yeah...usually it's not worth the time and money to go all out against these guys. (I mentioned usually but not necessary they don't)
But it had been so rampant nowadays. The last I remember one poster posted that he/she doesn't want to attend the first day of job after agreeing to work......

Kids nowadays!!! rclxub.gif

yiivei
post Dec 5 2007, 08:27 PM

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QUOTE(b00n @ Dec 5 2007, 06:30 PM)
Yeah...usually it's not worth the time and money to go all out against these guys. (I mentioned usually but not necessary they don't)
But it had been so rampant nowadays. The last I remember one poster posted that he/she doesn't want to attend the first day of job after agreeing to work......

Kids nowadays!!!  rclxub.gif
*
geez~ mb they ought to be taught to be obedient and responsible for thier act.

if not, just like ts, just trying to avoid/escape from the facts...

to ts, FACE it like a man lar... ***~ later, if u really kena sue, i will just LOL ther... not only u bear the RM2k, but ended up wit xtra cost like legal fees n etc...
tong1774
post Dec 6 2007, 02:20 AM

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I hate when people MIA. If i were you i will go to the company and apologies for what i've done, and discuss the matters out see if they can let go the compensation. And if i am an employer, i will blacklist people like you life-time. Trust me, i black list a few people like you, and they will never be able to work in my line any more (Well my line is very small, everybodies know each other)
p4n6
post Dec 6 2007, 08:41 AM

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If you want to leave a company, you need to do something called RESIGNATION. Even if you are working as a toilet cleaner, you have to resign before you leave your work. Similarly, you don't walk to a company sit down and work without interview or anything.

Go and pay your fine ... it's worth it for you to remember your irresponsible action.

Your name will be well known to everywhere (not just in the industry), if you are sued, you will be recorded down until your IC number level.
SUSsentro2020
post Dec 6 2007, 02:25 PM

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i know its my fault cry.gif

is it possible for the agency to let me pay the rm2k by installment ? if wan me pay now i totally dun have money le ...


NaMyzarC
post Dec 6 2007, 02:28 PM

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u have to go and talk to them, u can ask for installment and even get a discount, i believe they will accept if u are sincere.
fyire
post Dec 6 2007, 04:09 PM

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QUOTE(sentro2020 @ Dec 5 2007, 05:24 PM)
but i alreadi workin in new company now ...
wat happend if i just ignore them and act as like im dissappear liao ?
*
Technically, you're should be in violation of your current contract with your current workplace as well (my assumption, based on the fact that most contracts do not allow u to hold multiple full time jobs at the same time, and your previous contract is still in effect).

As for how you're gonna handle the rm2k payment, well, go and ask them. Basically just go to them and tell them the entire story lar, and plead your case that you now realized that you've done something wrong, and request for you to be able to handle the penalties in installments or something. This is better than hoping that the problem will go away, as the last thing that you'll want is for it to suddenly come back again later on and bite u in the backside when u least expect it to
cyitling
post Dec 6 2007, 11:47 PM

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what alex13 said was quite right..

most important i think is don't run away.. go talk to your previous company.. if like you say you were not paid for the work in Nov up to the 20th and also your allowances.. go talk to them and discuss a way to pay them back with your salary and allowances owed...

SUSsentro2020
post Dec 7 2007, 09:32 PM

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normally should be can deduct rite ....

maybe rm2000 - 1st Nov~20th Nov basic + Oktober OT ...

then maybe i pay <rm1000 still ok for me .... but hope can rebate mroe la cry.gif
eyng
post Dec 7 2007, 09:53 PM

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Best way would be approach the company and talk to them. Give a formal letter of resignation. This is to ensure that your name is clean.

As for the payment, you can always negotiate with the employer being the fact that you were not paid earlier before you MIA. Hence you may just need to top up the balance.
vey99
post Dec 7 2007, 10:42 PM

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QUOTE(eyng @ Dec 7 2007, 09:53 PM)
As for the payment, you can always negotiate with the employer being the fact that you were not paid earlier before you MIA. Hence you may just need to top up the balance.
*
a bit tough man, the 2K is for violation of contract, the unpaid salary is another matter ...
SUSsentro2020
post Dec 8 2007, 12:53 PM

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hmm mean unpaid salary can de deducted ?

any1 got experience or fren experience MIA b4 ma ?

b00n
post Dec 8 2007, 03:16 PM

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QUOTE(sentro2020 @ Dec 8 2007, 12:53 PM)
hmm mean unpaid salary can de deducted ?

any1 got experience or fren experience MIA b4 ma ?
*

Who in the right mind would go play MIA with companies without first notifying them?!...oh....got .... only you doh.gif
Btw, forgot to mention; they actually have the right to strip you from your current working company as I believe in every employment letter signed, there's a clause which says that you cannot be employed under another company while under the service. That's what fyrie meant by "Technically, you're should be in violation of your current contract with your current workplace as well (my assumption, based on the fact that most contracts do not allow u to hold multiple full time jobs at the same time, and your previous contract is still in effect).".
So you better take care of it fast before they file a suit against you.

What's so difficult?....Call up and appologise.

starblade
post Dec 9 2007, 02:36 AM

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i agree totally with alex13... MIA is the worst for your "working" reputation. if u MIA without a reason, u r in deepshit my friend, esp u r a contract staff...

from what i know... yes, they will definitely suit u if u dont pay the 2k n they will definitely not pay u the outstanding salary...

p.s. u will be blacklisted too, even if u compensate them... but the compensation will save u from the lawsuit...
turnmoil
post Dec 9 2007, 07:09 PM

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for me i dont think that the company will drag you to court for merely rm2k , legal fees are costly, even if they want you to pay , in the end of the day still the company who sue u , who make you to court, need to pay for everything first

if u cant pay , in the end , the company still loses money.

like us too, if the company do something terrible to the worker (no salaries, no epf bla bla), will drag them to labour court or justice court or something.

if the company goes bankrupt, in the end , the worker who sue their own company, still need to pay to lawyer bla bla

still the question is, does the other party can pay u back? is it worth it?

bottom line, costly !!

a story to share:

my friend working in this X-company... work work work ... then salary not paid almost 3 month, epf? of coz not paid too.. the management promise tomorrow paid.. sweet talk dont last forever because the management just dont want to paid

then my freind tension enough... with other colleague in the same x-company lodged a report to jabatan buruh / labour office, after that, they my freind quit his job...

and u know, till know nothing happen !!! jab.buruh doing nothing!!! this cases was lodged in 2005

the more sad news is , this year that x-company open again with new staff line up.. like nothing happen lol!!!

i think u will be blacklist for sure, but drag to court? i dont think soo... maybe lah, but like our own court , they got many cases still pending for trial lol !!

i heard many story from e.g x-vads,x-scicom etc .. if they hate their work , the just gone MIA or what we call AWOL (absence without leave) for 3 days and on the fourth days , auto terminated .. they got blacklisted of coz but just that only.. no need to pay...

so for TS(thread starter)... just work lah at new place.. dont think deeply about this.. if u got money , pay them lah .. if not ... what to do..

but that doesn`t mean for you new guys thinking that this was the great escape if you hate your job , then just chow
i`m not encouraging anyhting... do at at your won risk !!
you are not kids anymore!!!

u got many reason for MIA right? personal ? or for the name of fun? what ever it is...

dont do this anymore... if u keep on doing it , someday it will get back to you...
what comes around goes around wooo

ps: many good company goes to court too, microsoft because of monopoly issue over their internet browser, EA (electronic courts) goes to court because not paying their staff for benefit/overtime
SUSsentro2020
post Dec 9 2007, 07:39 PM

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QUOTE(turnmoil @ Dec 9 2007, 07:09 PM)
for me i dont think that the company will drag you to court for merely rm2k , legal fees are costly, even if they want you to pay , in the end of the day still the company who sue u , who make you to court, need to pay for everything first

if u cant pay , in the end , the company still loses money.

like us too, if the company do something terrible to the worker (no salaries, no epf bla bla), will drag them to labour court or justice court or something.

if the company goes bankrupt, in the end , the worker who sue their own company, still need to pay to lawyer bla bla

still the question is, does the other party can pay u back? is it worth it?

bottom line, costly !!

a story to share:

my friend working in this X-company... work work work ... then salary not paid almost 3 month, epf? of coz not paid too.. the management promise tomorrow paid.. sweet talk dont last forever because the management just dont want to paid

then my freind tension enough... with other colleague in the same x-company lodged a report to jabatan buruh / labour office, after that, they my freind quit his job...

and u know, till know nothing happen !!! jab.buruh doing nothing!!! this cases was lodged in 2005

the more sad news is , this year that x-company open again with new staff line up.. like nothing happen lol!!!

i think u will be blacklist for sure, but drag to court? i dont think soo... maybe lah, but like our own court , they got many cases still pending for trial lol !!

i heard many story from e.g x-vads,x-scicom etc .. if they hate their work , the just gone MIA or what we call AWOL (absence without leave) for 3 days and on the fourth days , auto terminated .. they got blacklisted of coz but just that only.. no need to pay...

so for TS(thread starter)... just work lah at new place.. dont think deeply about this.. if u got money , pay them lah .. if not ... what to do..

but that doesn`t mean for you new guys thinking that this was the great escape if you hate your job , then just chow
i`m not encouraging anyhting... do at at your won risk !!
you are not kids anymore!!!

u got many reason for MIA right? personal ? or for the name of fun? what ever it is...

dont do this anymore... if u keep on doing it , someday it will get back to you...
what comes around goes around wooo

ps: many good company goes to court too, microsoft because of monopoly issue over their internet browser, EA (electronic courts) goes to court because not paying their staff for benefit/overtime
*
Thanks a lot for ur advice bro !

Yea i know some agency will auto terminated without notice or wouldnt even bother about the agreement to pay back 1 month salary. Like kelly services also they dont bother ...
They dont even will send letter to home and keep remind us .....

1 my fren MIA from kelly services, the next year he go back to kelly service also can rclxub.gif


I got few letter ask me to reply them or else will terminate me, and i have to pay rm2000. By now im consider terminated already. Maybe i should wait a while before they officialy ask me pay the rm2000 ? If counted properly, after deduct my half month salary on November + Oktober OT .,... i only need pay rm600+ onli ....

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eyng
post Dec 9 2007, 10:21 PM

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QUOTE(vey99 @ Dec 7 2007, 10:42 PM)
a bit tough man, the 2K is for violation of contract, the unpaid salary is another matter ...
*
Yup. Violation of contract is a point. However, employer also have duty to pay employee for the job performed in the past.

However if case is brought to court may involve more than RM2000 , i.e. interest charges, time needed for employer to find replacement, loss of hours etc. All would definitely cost more than 1 month salary.

Do your best to negotiate. You may need to put up with some pep talk but remember it is your fault in the first place.
surfiez
post Dec 10 2007, 06:07 PM

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Cross your fingers and hope that the HR for the company which you MIA from doesn't bring it to the next level.

But what i advice is to clear your name from the whatsoever blacklist as u know the world is very small. and same industry news travel very fast.


 

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