Legal Advise Needed (Nothing to Do With Sex)
 

Hi Bro....I know this thread is abit weird to have it here...but really need some advise.

Got a fren who signed an unoffical letter (no company header or stamp or watsoever) between her and the boss....stating tat she will stay with the company till June.

But now she found a job with better offer and feels like leaving.

But she worried abt the letter she signed if there is any legal binding or implications.

Basically the letter did not state any penalty or watsoever is she resign.

Hope some bros can help on this.

Re: Legal Advise Needed (Nothing to Do With Sex)
 

Bro...A contract has been established since both of them had signed the paper and she is bonded by the contract thus if she leaves and if the employer wants to take action, he can sue ( civil suit) her for breaching of contract and for damages he may incur if she leaves the company.

Damages may include money spend in recruiting people to take over your friend's position/how many months she left early etc.....

Cheers

Re: Legal Advise Needed (Nothing to Do With Sex)
 

If she dun stay,then prepare to be sued....To her boss,the outcome of the case is not important,wat important is to teach your dear friend a lesson,no way to be play out by her. empolyee....

Re: Legal Advise Needed (Nothing to Do With Sex)
 

But then wun it be abit crazy to sue her all the way to court n spend thousands of dollars juz for tat?

Re: Legal Advise Needed (Nothing to Do With Sex)
 

Bro, that is the risk or chance that your friend might want to take.....if her boss dun sues...of course.....everything will be fine......but if the boss sues then she might have to face the consequences.....

as for the money spend in court...well...if he wins the case...ur friend will probably have to bear it......

Cheers

Re: Legal Advise Needed (Nothing to Do With Sex)
 

there is a restraint of trade act that might help ur fren in this case.in my opinion,u can just ask ur fren to go ahead to take up the better offer.it will be difficult for the current employer to enforce the agreement.for more etails,i would suggest u consult a lawyer.better than seeking legal advice in an open sex forum.

Re: Legal Advise Needed (Nothing to Do With Sex)
 

I doubt the contract will hold. I dont think it is a legal binding contract (no consideration from the employer's side - unless the boss offer somethin more e.g. more $$ for the promise that she will not leave). Also the cost of legal proceedings for a company is prohibitive so my guess is the company will not go thru the hassle of suing someone on that basis. They rather spend a tiny fraction of $$ just to hire someone new. I think the tact that the boss used (getting your friend to sign a note) is psychological... mind games lah...

Re: Legal Advise Needed (Nothing to Do With Sex)
 

I don't think the informal agreement stands, even if there is a company logo head, whatsoever. If your friend has already worked beyond the company's probation period, he/she is hereby has to abide with MOM's law to give a formal one-month work termination to the company, be it the boss agree or not.

I think the boss is not stupid enough to bring this letter to court lah. If I were him, at least I will task my HR mangager to draft out a agreement to hold her for a certain peroid of time. You can't force a employee to work for you, isn't it? If I write draft a black and white, using my blood somemore to loan $XX from you, signed and thumbprint somemore. Even if you bring this letter to court, you can't get much from me if I have more $$. :cool:

Re: Legal Advise Needed (Nothing to Do With Sex)
 

Bro, your friend cld speak with her boss. Explain to the boss on why she is leaving and don't burn bridges like that. I don't think the boss can compel her to work for him and if there is any restrain to employment, it has to be one eg. where she joins a competitor and she could bring privillege information across. Otherwise, it is unlikely that the Courts will enforce the agreement.

Having said that, an agreement is an agreement. We should all try to stick by what we said and not go back on our words as far as reasonably possible. I think it will be helpful for your friend to speak with her boss and leave amicably. After all, the boss will ultimately understand that she will not do her best or be productive if he/she forcefully make her stay.

Hope this helps.

;)

Re: Legal Advise Needed (Nothing to Do With Sex)
 

How come out of the blue got such kind of agreement one? your friend (or yourself, is it???) work for what kind of mickey-mouse company, sign document without letterhead and official designation one?

;)

Re: Legal Advise Needed (Nothing to Do With Sex)
 

All signed agreement has its binding effect; be it formal or informal contract.

A contract would only be considered null, provided the party can prove that she is mislead or force into signing the agreement.

Re: Legal Advise Needed (Nothing to Do With Sex)
 

Bro,

Since you didn't mention the terms of the contract, it's difficult to advise you exactly what the legal implications are. Altho' a company letterhead is important it is not necessary as both signed on it. (Remember, stock brokers trade based on your instructions, not black and white instructions).

However, if she is a junior staff, the labour law does protect you to some degree. It is standard practice to give one month's notice while under probation. The law does accept and recognise that. A contract that is one-sided doesn't get the court's support.

Suggest your friend go on a friendly approach and come up with a sob story about having to look after a sick aged folk at home and thus cannot carry on working. She should be fair to give a month's notice and get out after the consent of the boss.

From this move, she should be able to gauge the reaction from her boss to see if he's the vindictive type who will give you hell or will reluctantly let you off.

If you care to post more details, I'm sure more brothers who are legally trained can help.

Re: Legal Advise Needed (Nothing to Do With Sex)
 

Ask yr friend don worry ,cause the company will not sue cause they will have to spend money to sue and at most get nothing, me encounter b4 ,they wont sue ,juz threaten only, at most yr friend won`t get salary if there is.

Re: Legal Advise Needed (Nothing to Do With Sex)
 

How come boss Sammyboy did not point out yet that it should be advice and not advise...?

Re: Legal Advise Needed (Nothing to Do With Sex)
 

ya,totally agree with u bro....the burden on proof is on the employer to prove that she has indeed access to some privilege information or some sort of company secret info/special production process etc...the restraint of trade will make this contract unenforceable.then again,like what many bros said,the cost of going thru this process is costly and time consuming,might as well get her and the boss to talk amicably and bring the issue to a close. if all still cant agree,just get her to resigned and take up the new offer.there isn't much the employer can do.

just my 2 baht worth of opinion based on what the threadstarter had wrote here.always consult a lawyer on the above matter as we do not have much details on the whole situation.

cheers