[SIZE=14]WEIRD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sued For Leaving
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 Feb 2 2009, 09:24 AM
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Junior Member
9 posts Joined: Aug 2007  
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Feb 2 2009, 04:44 PM
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Junior Member
215 posts Joined: Oct 2008
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QUOTE(samuraikacang @ Jan 28 2009, 02:06 PM) 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? i hv the same 'rules' in my previous company but i still join other competitor company. good thong is before i leave, company did gv me a PERMISSION letter to go to other company but if anything happens in 6months after i leave, i shall be sued. funny.... |
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Feb 19 2009, 05:01 PM
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Newbie
2 posts Joined: Feb 2009
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Panjang!! ..What the company need?? Look like bad story..
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Feb 19 2009, 06:24 PM
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Senior Member
846 posts Joined: Jan 2003 From: Kuantan Pahang
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QUOTE(pkh @ Jan 28 2009, 01:56 PM) 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. yes you are right, because by 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. 1) default the labour law protects you from these kinds of claims 2) according to the labour law, you cannot sign a document to "waive" your rights from the labour law. that means let's say it protects you from indirect and consequential loss due to insufficient staff so the company might make you sign a document saying you agree to be liable etc etc usualy it does not work for most casses even though you sign and agree because that's what they labour law says, provided you working legally (with permit etc) |
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Feb 19 2009, 06:47 PM
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Senior Member
7,606 posts Joined: Dec 2004 From: Subang
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QUOTE(pkh @ Jan 28 2009, 01:56 PM) 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. If I was you, I turned the case into my benefit. Since the company wants to sue you for undocumented potential losses, are they going to give the gains to you if you stayed on? Push for 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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Feb 19 2009, 07:19 PM
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Junior Member
316 posts Joined: Nov 2005 From: Saya Berjaya
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It has been over for a long time but it's still fun to think about it once in a while. I was a technician there and my resignation process involves the general manager, director and managing director. They somehow redefined the term 'chinaman company'. Whoa, it's a good thing I didn't get promoted. What's next? Press conference? |
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Feb 23 2009, 12:37 AM
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Junior Member
228 posts Joined: Jul 2007
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hehehe...when this situation occurred?so ironic now and then...now most company want to lay off people dy..
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Feb 23 2009, 05:54 AM
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All Stars
10,123 posts Joined: Aug 2007
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QUOTE(vanguard_13 @ Feb 23 2009, 12:37 AM) hehehe...when this situation occurred?so ironic now and then...now most company want to lay off people dy.. Yeah! Now, Most companies now are happy to let you go due to cost cutting and prefer you to resignon your own instead of laying off otherwise they will to pay some retrenchment benefits.  |
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Feb 23 2009, 10:48 AM
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Senior Member
3,590 posts Joined: Apr 2006 From: nowhere
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People come and go in a company, there is really little time and resources to entertain each and every frog.
Those regulation are more or less serve as warning purpose only. |
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