legal Free Legal Advice

[freelicker]

I'd like to ask for advice from the good lawyers of this thread:

 

I am currently working with Employer A and am rendering the required 30 days' notice. I have already signed a contract with Employer B, to whom I'll be transferring when my 30-day service is complete. In the middle of serving in this period, Employer A offered me a more attractive package just for me to withdraw my resignation and stay with the company. My dilemma is: if I accept Employer A's offer, will I be liable for breach of contract with Employer B? What potential backlash would I be facing?

 

Thank you very much for your advice.

 

Legally, Employer B had no action against you for Breach of Contract unless you were paid a signing bonus for signing a contract with Employer B. This is because under Philippine Labor Laws, if you do not want to work for Employer B anymore in favor of another employer, you cannot be forced to do so. However, a potential backlash might be your loss of credibility with Employer B.

[webmaster_ph]

I'd like to ask for advice from the good lawyers of this thread:

 

I am currently working with Employer A and am rendering the required 30 days' notice. I have already signed a contract with Employer B, to whom I'll be transferring when my 30-day service is complete. In the middle of serving in this period, Employer A offered me a more attractive package just for me to withdraw my resignation and stay with the company. My dilemma is: if I accept Employer A's offer, will I be liable for breach of contract with Employer B? What potential backlash would I be facing?

 

Thank you very much for your advice.

 

just a sidenote: accepting counter-offers is not recommended. read here.

[Borismo]

this seem logical...

what kind of case can they file against the employee...?? and what is the worst thing that might happen aside from holding the last salary?? is this subject to criminal offense or something that can damage the record of employee in the future like NBI and Police certificate and related documents..?? thanks a lot sir

 

 

Generally, your liability is just civil. Not criminal. Damage to record? Well, it wouldnt affect your NBO or Police Certificates unless the employer can cook some criminal case against you, that is totally separate from your resignation. Reputation-wise? It depends on what industry you are in. Remember the world is getting smaller, and HR managers in this country are getting more organized. I know for a fact that HR managers talk to one another, and even ask for background checks. If the HM manager dont like you guts, he will surely inform the new HR managers in your new company of your record. Not a good record to keep -- being awol.

[webmaster_ph]

I know for a fact that HR managers talk to one another, and even ask for background checks. If the HM manager dont like you guts, he will surely inform the new HR managers in your new company of your record. Not a good record to keep -- being awol.

 

that seems a bit going overboard. unless, the hr manager makes an oath to ruin your career.

[hmmidontknow]

Generally, your liability is just civil. Not criminal. Damage to record? Well, it wouldnt affect your NBO or Police Certificates unless the employer can cook some criminal case against you, that is totally separate from your resignation. Reputation-wise? It depends on what industry you are in. Remember the world is getting smaller, and HR managers in this country are getting more organized. I know for a fact that HR managers talk to one another, and even ask for background checks. If the HM manager dont like you guts, he will surely inform the new HR managers in your new company of your record. Not a good record to keep -- being awol.

 

but... but if you really are competitive enough... and the best applicant... after the compony checks your capability... any

bad mouth... thrown to you by any former company is not not that important... what really matters i think is your capability to help the company to meet its goal and obejective....

 

reputation wise... i think netpros dont have any reputaion to look after... after all the controvertial scams... and raid by nbi...

and a reputation of creating porn materials...

 

who wants to have a commendation to this kind of company...

after all im not alone... all my former TL already flew away from this company...

one word to describe this company... and its "sucks"

Edited October 13, 2007 by fryxxter

[webmaster_ph]

@fryxxter: how was the pay and benefits?

[freelicker]

It looks like everyone is in agreement. Generally, there is no legal liability if you accept a counter offer when you have a pending work that you have accepted. However, while there is no legal liability (as in everything in life), what is legal is not always what is preferrable.

[shinta]

Hello sirs.

 

I would just like to ask for you advice regarding another case:

 

Nurse A signed a contract with a staffing agency for the states, which we'll call Agency A. They prepared his immigrant application, submitted his name to the Immigration and Naturalization Center in the states. After a year of waiting, nurse A has only received his Packet 2 and he's waiting for the National Visa Center to call.

 

He gets impatient and seeks another agency. He found another agency, Agency B which offers direct hiring for a hospital in the states. After a round of interviews with the representatives of the hospital and the agency, he gets hired and signs their contract.

 

The problem is, Agency A is asking for $1,000 in compensation and for a breach in his contract.

 

My questions are:

1. Should he still pay the $1,000 eventhought this was not stipulated in the contract, and the agency A has only paid for his immigration application (about $150)

 

2. I heard that only one agency is allowed to represent Nurse A. If he withdraws from agency A, agency B still cannot re-apply with the Naturalization and Immigration Center. Is this true? If so, then should we advice Nurse A to stick with Agency A and withdraw his application to agency B?

 

3. Should Nurse A pay agency A and agency A withdraws their claim, before agency B applies for Nurse A at the Naturalization and Immigration Center, could nurse A then be allowed to go on with the process?

 

 

Thanks in advance!! Hope someone can advise...

[pogingpogi2x]

could'nt you file for bankruptcy?

 

a bankruptcy? pano yon?

[webmaster_ph]

It looks like everyone is in agreement. Generally, there is no legal liability if you accept a counter offer when you have a pending work that you have accepted. However, while there is no legal liability (as in everything in life), what is legal is not always what is preferrable.

~freelicker

 

ditto!

[webmaster_ph]

a bankruptcy? pano yon?

~pogingpogi2x

 

filing for bankcruptcy is literally what it means e.g. declaring that you can no longer pay for your liabilities.

 

maybe our distinguished attorneys can further elaborate.

[jojoendejr]

Sir I got same problem, sa akin naman ginamit ng kaibigan ko yung pera tapos di sya makabayad yun ang katangahan ko. tapos ang laki ng sinisingil nila at ang laki ng interest. may ground ba talaga para mag kakaso or worst makulong ka?

 

 

If it concerns credit card and purchases in relation to its use, then the most the credit company can do is to saue you for collection of sum of money (paniningil ng utang). However, before they can do this, the credit card company, or any lending/financing company for that matter, must first send you a demand letter with a complete statement of your account (para malaman mo naman kung paano sila nag-arrive sa amount na kinokolekta nila sa iyo). Only then can they file a civil complaint against you. Warrant of arrest? "Tinyente Guevarra?" This ia not a criminal case pards. The courts only issues warrants of arrest in criminal cases. Never in a civil case unless if it is for contempt. Consequently, if there is no warrant of arrest, no police officer can intervene or assist the complainant.

 

Sa query ng isang friend natin, it doesn't matter if your friend is the one who actually benefit from the use of your credit card. Why? Because the purchases were made with the use of your card and consequently, you are the one presumed to have used or made the purchase. It is your look out kung ipapagamit mo sa iba. As far as the company is concerned, you used the card they issued in your name, you pay. But as I have said, hindi ka makukulong dahil this is a civil case and not a criminal case.

[pogingpogi2x]

If it concerns credit card and purchases in relation to its use, then the most the credit company can do is to saue you for collection of sum of money (paniningil ng utang). However, before they can do this, the credit card company, or any lending/financing company for that matter, must first send you a demand letter with a complete statement of your account (para malaman mo naman kung paano sila nag-arrive sa amount na kinokolekta nila sa iyo). Only then can they file a civil complaint against you. Warrant of arrest? "Tinyente Guevarra?" This ia not a criminal case pards. The courts only issues warrants of arrest in criminal cases. Never in a civil case unless if it is for contempt. Consequently, if there is no warrant of arrest, no police officer can intervene or assist the complainant.

 

Sa query ng isang friend natin, it doesn't matter if your friend is the one who actually benefit from the use of your credit card. Why? Because the purchases were made with the use of your card and consequently, you are the one presumed to have used or made the purchase. It is your look out kung ipapagamit mo sa iba. As far as the company is concerned, you used the card they issued in your name, you pay. But as I have said, hindi ka makukulong dahil this is a civil case and not a criminal case.

 

thanks sir, linawin ko lang, Dapat kung may pinadala silang Demand Letter may kasamang Statement of Account? Not just the amount itself?

[pogingpogi2x]

~pogingpogi2x

 

filing for bankcruptcy is literally what it means e.g. declaring that you can no longer pay for your liabilities.

 

maybe our distinguished attorneys can further elaborate.

 

thanks sir, dpat maningil muna ko.

[webmaster_ph]

Generally, your liability is just civil. Not criminal. Damage to record? Well, it wouldnt affect your NBO or Police Certificates unless the employer can cook some criminal case against you, that is totally separate from your resignation. Reputation-wise? It depends on what industry you are in. Remember the world is getting smaller, and HR managers in this country are getting more organized. I know for a fact that HR managers talk to one another, and even ask for background checks. If the HM manager dont like you guts, he will surely inform the new HR managers in your new company of your record. Not a good record to keep -- being awol.

 

they might even publish a notice in the papers. btw, is this legal?