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28-03-2020, 08:57 PM
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This is not legal advice. But I’ve legal b/g.
Truth is before you start an employment and even though you have signed an employment agreement, the company or yourself can choose not to commence with the employment.
This is an anticipatory breach.
If you had provided the company ample notice and the notice is even more than the contractual notice stated in the contract, the principle of mitigation applies. This means the company has to mitigate their loss. They have to use the intervening period to find someone else for the role.
Now let’s look at it from the company’s perspective. Say if the company has hired you but owing to business conditions, the company can tell you they do not want to continue with the employment anymore. Yes even though you have resigned from your job, you would still be expected to mitigate your loss by finding another employment.
Usually even if you sue the company, what they will be required to pay you is damages. The most is equal to the quantum of the notice period during your probation. For the company’s protection notice during probation is usually 2 weeks at most.
Unless you hold a job in the six figures where 2 weeks is probably a lot, it doesn’t make sense to sue once you factor in legal costs.
End of the day, as an employee you tend to have less bargaining power.
You take whatever the company has stated. Even if you force them to honour their obligations when they no longer want to do so, the company will find ways and means to ask you to go. Example, unsatisfactory performance during probation, or make your working condition so unbearable that you’ll leave on your own.
In other words, if the company signal their intention not to commence with the employment even after you’ve signed the employment letter, it’s best to start searching for a new job.
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28-03-2020, 09:51 PM
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Quote:
Originally Posted by Unregistered
This is not legal advice. But I’ve legal b/g.
Truth is before you start an employment and even though you have signed an employment agreement, the company or yourself can choose not to commence with the employment.
This is an anticipatory breach.
If you had provided the company ample notice and the notice is even more than the contractual notice stated in the contract, the principle of mitigation applies. This means the company has to mitigate their loss. They have to use the intervening period to find someone else for the role.
Now let’s look at it from the company’s perspective. Say if the company has hired you but owing to business conditions, the company can tell you they do not want to continue with the employment anymore. Yes even though you have resigned from your job, you would still be expected to mitigate your loss by finding another employment.
Usually even if you sue the company, what they will be required to pay you is damages. The most is equal to the quantum of the notice period during your probation. For the company’s protection notice during probation is usually 2 weeks at most.
Unless you hold a job in the six figures where 2 weeks is probably a lot, it doesn’t make sense to sue once you factor in legal costs.
End of the day, as an employee you tend to have less bargaining power.
You take whatever the company has stated. Even if you force them to honour their obligations when they no longer want to do so, the company will find ways and means to ask you to go. Example, unsatisfactory performance during probation, or make your working condition so unbearable that you’ll leave on your own.
In other words, if the company signal their intention not to commence with the employment even after you’ve signed the employment letter, it’s best to start searching for a new job.
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Agreed. I practiced as a lawyer before. Let me tell you that the rates for sending the first letter of demand or whatever to the big 4 firm would have totally wiped out whatever monetary damages OP may get (assuming the damages is equivalent to 2-week worth of a first year audit associate pay lol).
Actually scratch that. I practiced in a big 4 law firm. my firm's time-costs for just taking a look at the documents OP sends me for the case would have already wiped out the potential compensation amount, even before the first letter is drafted.
All those people telling OP to get a lawyer or sue or whatever for 'honour' are idiots.
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29-03-2020, 12:03 AM
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Quote:
Originally Posted by Unregistered
KPMG audit rescinded too.
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Full time or summer intern?
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29-03-2020, 05:19 AM
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Quote:
Originally Posted by Unregistered
Full time or summer intern?
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Full time.
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29-03-2020, 07:13 AM
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Can I check if anyone who went for pwc audit full time position for past few weeks has received the offer already? Or has anyone received any rejection email so far?
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29-03-2020, 09:51 AM
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How long does EY take to reply offers?
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29-03-2020, 03:30 PM
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Quote:
Originally Posted by Unregistered
How long does EY take to reply offers?
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1-3 days at most 1 week
i got my offer within the same day
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29-03-2020, 06:07 PM
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Quote:
Originally Posted by Unregistered
1-3 days at most 1 week
i got my offer within the same day
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Cool, HR will email? Sept intake?
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29-03-2020, 06:13 PM
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Quote:
Originally Posted by Unregistered
Agreed. I practiced as a lawyer before. Let me tell you that the rates for sending the first letter of demand or whatever to the big 4 firm would have totally wiped out whatever monetary damages OP may get (assuming the damages is equivalent to 2-week worth of a first year audit associate pay lol).
Actually scratch that. I practiced in a big 4 law firm. my firm's time-costs for just taking a look at the documents OP sends me for the case would have already wiped out the potential compensation amount, even before the first letter is drafted.
All those people telling OP to get a lawyer or sue or whatever for 'honour' are idiots.
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The law serves justice and the sanctity of contract must not be breached.
This will make good headlines and get publicity for yourself
Can frame as david vs goliath
If you have an instagram or channel, traffic will flow.
And you would have recoup back your legal fees
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29-03-2020, 08:43 PM
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Quote:
Originally Posted by Unregistered
The law serves justice and the sanctity of contract must not be breached.
This will make good headlines and get publicity for yourself
Can frame as david vs goliath
If you have an instagram or channel, traffic will flow.
And you would have recoup back your legal fees
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Yes. Justice will prevail. Word needs to get out about the hiring practices of these firms.
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