Sued For Leaving
Sued For Leaving
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Jan 28 2009, 01:56 PM, updated 17y ago
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#1
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Junior Member
316 posts Joined: Nov 2005 From: Saya Berjaya |
This happened in the past. Yes, a past is a past. But I still find it something like a 'Tickle-Me-Elmo' moment and was wondering what you guys think of it. Back then, I was working for a company with a very one-sided employment terms. Those who leave must either give 2 months notice or pay back the 2 months. And those who left the company before 2 years will have to repay a bond of RM7000. So I agreed with the terms and started working. After slightly more than a year, I decided to quit on-the-spot without any notice. I was willing to pay the 2 months salary and also the RM7000 bond. Yes, THAT is alot of money. However, the strange thing is, they would not allow me to leave the company without fully serving the 2 months period. And if I insist on leaving without notice, they would sue me for the losses due to insufficient staff. Oh, by the way, I'm just a technician there. Eventhough I'm very certain that they can't sue me for their 'business lost', I still went to my lawyer to check. As expected, he mentioned that the company cannot sue me. I also checked from the internet and the results were favourable (based on Malaysian Labour Law). When I called up the labour office, they give a laugh saying that it's the first time they've ever heard such issue. Ok, at the end, I did gave them a month's notice to avoid feuds but it still ended badly. |
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Jan 28 2009, 01:59 PM
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#2
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Junior Member
328 posts Joined: Feb 2008 From: maybe beside u |
like that aaa? 1st time heard this
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Jan 28 2009, 02:03 PM
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#3
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Senior Member
2,841 posts Joined: Jun 2008 From: The East of the Motherland |
Well its a norm on the 2 months part (mine is 3 months). But not sure about the bond. I thought bond refer to if u borrow from them money. Anyway, by law they cannot sue you since it is in the contract but by ehtics, you should give 2 months notice first because they need to arrange for new staffs and you need to make sure you pass ur work to em smoothly especially if the company is in trouble. If u do like that, no telling what that gonna do to ur reputation and worst ur new company calls ur old one for reference or ur company start to spread news about you to other company it knew. Happens especially in oil and gas company where staff turnovers are high.
This post has been edited by LeechFever: Jan 28 2009, 02:05 PM |
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Jan 28 2009, 02:06 PM
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#4
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Senior Member
710 posts Joined: Jan 2008 From: Kuala Lumpur |
how about if the company says you cannot join another company with have same business with them in 2 years after leaving the company? is this laughable?
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Jan 28 2009, 02:08 PM
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#5
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2,841 posts Joined: Jun 2008 From: The East of the Motherland |
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Jan 28 2009, 02:13 PM
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#6
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456 posts Joined: Jan 2003 |
I supposed they are really desperate that time. And the RM7k, it must be invested for your training. Plus they can't put any new guy on the job without proper training.
But suing you when you have done everything stated in the contract? I bet they are just trying their luck. It's not cheap to sue someone. |
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Jan 28 2009, 02:20 PM
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#7
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Senior Member
2,841 posts Joined: Jun 2008 From: The East of the Motherland |
QUOTE(new~b0y @ Jan 28 2009, 02:13 PM) I supposed they are really desperate that time. And the RM7k, it must be invested for your training. Plus they can't put any new guy on the job without proper training. lol, they themselves are not that smart either. What happen if the company sue him despite what the contract already said. They waste time and money in court and have ta pay compensation for wasting the defense time lol. Even if they just want to fool people but if the guy decide press charges (for lying) and bring it to court, the company cannot refuse cause thats what they ask for in the first place and the defendant have the right to do it. Unless they offer the defendant something in value, can the guy drop the case. lol. No wonder that company business in trouble. Not very smart move.But suing you when you have done everything stated in the contract? I bet they are just trying their luck. It's not cheap to sue someone. If that's the case then the Rm7000 bond is justified, so is the 2 months pay in lieu. Nothing wrong there, dude. This post has been edited by LeechFever: Jan 28 2009, 02:34 PM |
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Jan 28 2009, 02:41 PM
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#8
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316 posts Joined: Nov 2005 From: Saya Berjaya |
Yes, the 'bond' refers to the training expenses. But to me, it's sorta like a ploy to keep us from leaving. I have yet to receive any proper training and to make things worse, I myself had to conduct a formal training. But oh well, since I've signed the agreement, I had to pay RM7000 anyhow.
There's an article who mentioned on ethics while leaving a company. It's always better to depart in a good way. Most companies will call up your previous workplace for details. It's also funny when the managing director, director and general manager came into play ... for a technician's resignation. I wonder what will happen to the company if I got hit by a lorry. |
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Jan 28 2009, 02:49 PM
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#9
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Senior Member
2,841 posts Joined: Jun 2008 From: The East of the Motherland |
QUOTE(pkh @ Jan 28 2009, 02:41 PM) Yes, the 'bond' refers to the training expenses. But to me, it's sorta like a ploy to keep us from leaving. I have yet to receive any proper training and to make things worse, I myself had to conduct a formal training. But oh well, since I've signed the agreement, I had to pay RM7000 anyhow. lol of course. If not, employees will abuse and start jumping here and there causing massive headache to businessmen cause they lose money and precious time and people will start saying "let's sleep with the girl, tomorrow we leave her at the road side" idea. There's an article who mentioned on ethics while leaving a company. It's always better to depart in a good way. Most companies will call up your previous workplace for details. It's also funny when the managing director, director and general manager came into play ... for a technician's resignation. I wonder what will happen to the company if I got hit by a lorry. The big shots came into play probably because ur old company is on a verge of getting a contract or public listed. If the number of employees does not match certain criteria in the contract or public listing requirement, then the company will be in jeopardy. They afraid if u leave then that means other close to u in same area will leave as well. Of course, if that was the case, I would demand more pay to keep me lol. |
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Jan 28 2009, 02:57 PM
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Junior Member
380 posts Joined: Oct 2006 From: PJ Damansara |
That company must be china company, hehe.
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Jan 28 2009, 03:27 PM
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Senior Member
1,419 posts Joined: Oct 2007 |
last time company can't let u go....the situation nw is the company want u to go...so ironic...
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Jan 28 2009, 06:19 PM
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Senior Member
4,457 posts Joined: Jul 2005 |
your company just scare you ... you no need fear anything ...
as long as you pay them the notice period either you serve or pay it, then they wont able to sue you ... this is labour law in malaysia |
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Jan 28 2009, 11:42 PM
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Senior Member
2,079 posts Joined: Aug 2005 |
it's too bad you didn't ask for a pay rise
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Jan 29 2009, 02:39 AM
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Senior Member
762 posts Joined: Jan 2009 |
u are very brave and i first time hear that......
if they want u to work than u work lol when u work, u late to work or just sit there and relax dun do anything lol or u make thing become worst in the company until it let u go lol......... |
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Jan 29 2009, 11:34 AM
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Junior Member
12 posts Joined: Jan 2009 From: Kulim |
I left a company before, without serving 2 months notice and had to pay them 2 months salary. Unlike ur case, this company did not threaten me though, but bug me for a few days with phonecalls and sms asking me to go back to the company.
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Jan 29 2009, 11:45 AM
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All Stars
10,429 posts Joined: Jan 2003 |
wow! willing to pay bond of RM7000, that's a lot of MONEY!! You must be really desperate to leave.
Anyway, since you have checked with labour office about this, let the employer know. Tell them you have done your homework and see what they say. I am sure they will keep silent and have no choice but to let you go. BTW, for the record, what is the name of this company? I will avoid doing anything with them if I ever come across this company. |
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Jan 29 2009, 12:22 PM
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Junior Member
316 posts Joined: Nov 2005 From: Saya Berjaya |
Sorry pal, not allowed to mention any company name here. Anyway, most other companies have the bonding rule nowadays. But normally it's only after they've sponsored you to an expensive training. For this one, it's a 2-year bond once you join the company. I've even seen one guy who left after a month. So, repaying is not something odd.
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Jan 29 2009, 12:26 PM
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All Stars
10,429 posts Joined: Jan 2003 |
There is no reason not to mention the company's name. You did not say anything bad about the company....yet. You only seek advice on this bonding issue which is not really something bad here.
No rules here that doesn't allow people to mention company names. |
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Jan 29 2009, 12:32 PM
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Junior Member
22 posts Joined: Nov 2008 |
let me guess the name of the company...haha,is it ON Semiconductor? :-)
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Jan 29 2009, 12:36 PM
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Junior Member
316 posts Joined: Nov 2005 From: Saya Berjaya |
Oh, not seeking advice or any sort. Just letting the forumers know of such funny incident. It's something which happened to me in the past but still tickles my mind after all this while.
Anyway, just to advice the forumers to think twice (or maybe 3 times) before signing any bond without receiving benefits first. |
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