Can my employer sue me?

ecureilx · Post by **ecureilx** » Thu, 10 Feb 2011 1:27 pm

Porkie wrote:no more guessing or discussions required, have consulted a lawyer's opinion...

Wonderful - I may sound like a gramps, what does the lawyer say - for us to know, so we can help similar souls like you ???

And if you could afford a lawyer, did you really worry about the one month thingy ??

Porkie · Post by **Porkie** » Mon, 14 Feb 2011 3:21 pm

well.. the lawyer says its okie to join the client or any competitor as the term set by the company to refrain staffs is too wide... but nevertheless if the company were to still pursue on this term it shall be heard in the civil court case n then they have to prove that its a common practice and etc etc... many things to be determined... but for my case its a clear cut i'll win in the lawsuit.. they cant sue me...

Usually bosses will use this kind of hoax to threaten staffs.. but then wen it comes to real situation they usually let the staffs go off... but to some extent they will get their lawyers to come out with a letter hoping to get some compensation but if the worker dares to challenge the boss in court.. the boss will usually back off because his lawyer will tell him its a losing battle.

Porkie · Post by **Porkie** » Mon, 14 Feb 2011 3:26 pm

Actually i didnt wanna consult a lawyer but my boss pushes me too far... anyway now since already got laid off my boss... why do i still bother about what he claimed that i cant do... i'll just join his client when i have the chance to... hee hee hee.. makes his blood boil

Post by **sundaymorningstaple** » Mon, 14 Feb 2011 4:18 pm

Porkie wrote: Usually bosses will use this kind of hoax to threaten staffs.. but then wen it comes to real situation they usually let the staffs go off... but to some extent they will get their lawyers to come out with a letter hoping to get some compensation but if the worker dares to challenge the boss in court.. the boss will usually back off because his lawyer will tell him its a losing battle.

sundaymorningstaple wrote:
Usually, when confronted, these consultancies generally will back down as they normally depend on the employees being afraid of "legal contracts" and general the ignorance of employment contracts and what is or isn't allowable.

ecureilx · Post by **ecureilx** » Mon, 14 Feb 2011 4:22 pm

Porkie wrote:Actually i didnt wanna consult a lawyer but my boss pushes me too far... anyway now since already got laid off my boss... why do i still bother about what he claimed that i cant do... i'll just join his client when i have the chance to... hee hee hee.. makes his blood boil

I was reading your previous two posts, about bosses tucking their tails in, and .... about your boss blood boil (did I get that grammatically right ??)

Remind me again, which country are you from ??

Mad Scientist · Post by **Mad Scientist** » Mon, 14 Feb 2011 5:55 pm

[quote="Porkie"but my boss pushes me too far... anyway now since already got laid off my boss... .. makes his blood boil[/quote]

Who got laid ??

Porkie · Post by **Porkie** » Thu, 17 Feb 2011 6:31 pm

why? makes my blood boil sounds from which nationality?

ecureilx · Post by **ecureilx** » Thu, 17 Feb 2011 7:00 pm

Porkie wrote:why? makes my blood boil sounds from which nationality?

That sounds like a classical saying from Antarticans ..

Never mind ..

JonOfArimathea · Post by **JonOfArimathea** » Sat, 02 Apr 2011 11:26 am

Contractually no. But think about this situation from the point of view of the consulting firm and the contractor. They have a relationship with each other, and for both commercial and common sense reasons, neither of them are likely to want to jeopardise this.

If you were to apply for a job with the contractor, a.) you annoy the consulting firm. b.) you jeopardise the relationship that the contractor has with the consulting firm.

I can't speak for Singaporean business culture but in the US/Europe/Australia the only way I have seen these situations resolved in a way that leaves all parties in a good position (and trust me, the world is a SMALL place - you DO NOT burn bridges) is to try to negotiate a position between the consultancy and the contractor so that you transfer over to their employment over a period of time - between 6 to 12 months is normal. This shows that you have thought this through carefully and that this is not just a short term proposition.

If done properly, everone wins. I would suggest asking around to see if there is any precedence of this having occured in the consulting organisation before. If not, then as the one to break new ground, be prepared to justify your reasons very well.

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Can my employer sue me?

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