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13-04-2014, 10:46 PM
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Senior Member
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Join Date: Nov 2013
Posts: 64
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Quote:
Originally Posted by floralpeace
Aplover. Does the above mean that he is unable to proceed with writs of summon?
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he may or may not be able to proceed with a writ of summons. Writ of summons is just the start, whether the case has any legal grounds in the eyes of the law and whether the company can win is another qn.
I was applying for a company previously. I went for 2nd round interview. the boss mentioned that if i were to get the job, i must sign a bond to stay with the company for 2 yrs. The moment i heard this, i knew the company got issues. I told the boss nicely in a professional way that if the company and job is exciting enough, i don't see why would people want to leave, in fact they would want to stay as they can grow in this company.
In the end i knew the company had issues and didn't proceed further with the interview in an enthusiastic way. Later i heard the boss himself left/got fired also.
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15-04-2014, 12:27 PM
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Quote:
Originally Posted by Unregistered
hence, it's not enforceable, precisely because it's an unfair clause. LOD is nothing. lawyers charge $200 to write an LOD letter - which greedy lawyer doesn't what to earn money from stupid company directors?
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why is it "shady" and "unfair"? don't forget that floralpeace in your own moment of greed or eagerness signed on the dotted line. no one forced you to but you did even after reviewing the contract terms.
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18-04-2014, 11:48 PM
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Super Member
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Join Date: Jan 2014
Posts: 119
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Ok take it that im too eager to sign.
Im keen to know if ppl signed sth like dat n ltr on realised the coy needs u to do sth nt very legal but unenforced. What will be your course of action.
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19-04-2014, 10:37 AM
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Quote:
Originally Posted by floralpeace
Ok take it that im too eager to sign.
Im keen to know if ppl signed sth like dat n ltr on realised the coy needs u to do sth nt very legal but unenforced. What will be your course of action.
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these are 2 very separate issues... one being your employment contract and the other being an ethical issue. end of the day i still think u should talk to your boss, whether this is grounds for you to break the bond amicably.
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28-04-2014, 11:12 AM
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Super Member
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Join Date: Feb 2013
Posts: 109
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Quote:
Originally Posted by aplover
I'm surprised many of you here don't know this. Yes TS may hv signed the contract but not all terms are really enforceable under the eyes of the law. Any commercial or employment legal cases only holds weight if the applicant can show and prove grounds of loss of commercial value, money, goodwill or anything that is tangible.
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Thanks for the input.
In the case of said contract, there does not seem to be any losses for the company based on what little information we have here. However, does it really negate the contracts validity and hence render it unenforceable? Or is this considered a case of unconscionability?
We can all gain something from understanding contract law better...
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28-04-2014, 11:59 AM
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Super Member
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Join Date: Jan 2014
Posts: 119
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Negotiated and removed the bond frm my contract w my employer.
So is verbally commit for that period without compensation clause.
Unethical issue persists, I will see hw it goes.
Thanks all for advice.
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28-04-2014, 12:01 PM
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Super Member
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Join Date: Jan 2014
Posts: 119
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Quote:
Originally Posted by aspenx
Thanks for the input.
In the case of said contract, there does not seem to be any losses for the company based on what little information we have here. However, does it really negate the contracts validity and hence render it unenforceable? Or is this considered a case of unconscionability?
We can all gain something from understanding contract law better...
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Regarding that. Company can sue but they could nt claim bk the said amount unless they could prove regarding amount. Usually they could oni claim bk few hundred on losses. So no point for civil suit.
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30-04-2014, 10:39 AM
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if it helps i left 1 month before my 90 days notice period and had to pay my co the difference. didn't matter to me as my next employer paid for it and even wanted to buy me out of the full 90 days.
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