legal Free Legal Advice

[freelicker]

not sure if its with the HR or Legal Thread.  well anyway, just a question for the lawyers out there. In your experience, may napakulong na bang employee for not fulfilling your Training Agreement?

 

Say, the employee was trained locally / abroad.  Then the company pays for it but before the said training, an agreement was signed by the employee to stay with the company for certain months or else she would pay the training cost.  If the employee resigned and did not pay the training cost, can you sue this person?

 

In your experience, have you won a case with the same situation? (say you represent the company)

 

thanks

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Our company has had similar cases already and the batting average of the company is actually very fair (considering that this is from the point of view of the employer). Our record of winning the case against losing it is about 60%. By winning, it means that we have collected the sum of the liquidated damages provided in the training contract and losing means we have either collected less than what was provided or totally lost the entire case.

 

The primary principle of the case against the employee is actually breach of contract resulting in damages. The most common defense against it is that the contract is not binding (under the labor laws) or is too onerous. However, as indicated, more often than not the court will uphold the contract because it was voluntarily entered into by the company and the employee.

 

But a person cannot be imprisoned for failure to complete the contract.

[elbarax]

thanks for the quick reply. u got PM.

[freelicker]

thanks for the quick reply. u got PM.

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Yup. I got it. Sent you the reply back.

[l3v3l]

then again, i havent encountered mis-flashed BIOSes- the process for 90% of the mobos out there seems idiot-proof anyways (no, i'm not implying anything at that )

 

considering the BIOS was mis-flashed and it's in the middle of writing code responsible for checking boot devices, is it theoretically possible that it will fail to detect all bootable devices at startup? I believe so

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try it for yourself.. heheheehehe..

flash your bios then mid-way through the writing process

remove the powercord... lets see if you can still use

other bootable devices..heheheh

[Guest k....]

hahah wag na oi! :boo:

[Guest k....]

well..keep your fingers crossed..and hope there're no explicit deny permissions on the administrators group :thumbsdownsmiley: much less on the Everyone object

 

You just need to take ownership of the rights of the folder/drive/file.

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[wolfy]

try it for yourself.. heheheehehe..

flash your bios then mid-way through the writing process

remove the powercord... lets see if you can still use

other bootable devices..heheheh

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When you do that ... in most cases you can't even boot from floppy anymore. A mis-flashed system is useless, unless it has some build-in bios recovery onboard.

[Guest k....]

exactly my point. but then it's all theoretical. I'd like to see a mis-flashed BIOS that leaves a system unable to detect boot devices (again, I haven't come across one). Any stories?

 

When you do that ... in most cases you can't even boot from floppy anymore. A mis-flashed system is useless, unless it has some build-in bios recovery onboard.

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[wolfy]

well..keep your fingers crossed..and hope there're no explicit deny permissions on the administrators group :thumbsdownsmiley: much less on the Everyone object

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Hehe .. that wouldn't be a big problem, just a lot of clicking on yes. And if its indeed the folders under document and settings, that would be a lot of clicking yes. The admin can always take control, even when deny permissions are present .. it just takes a lot of perseverance in having to acknowledge every permission change to files and folders.

[wolfy]

exactly my point. but then it's all theoretical. I'd like to see a mis-flashed BIOS that leaves a system unable to detect boot devices (again, I haven't come across one). Any stories?

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I've seen enough of those. Mis-flashed systems that couldn't boot at all, even not showing anything on the screen. The only thing they could do was beep a number of times, indicating an error with the BIOS.

 

A co-worker of mine caused two of those problems. One by flashing a motherboard with the wrong BIOS and ignoring all warnings .. the other was not totally his fault as there was a power-failure during flashing.

 

Both systems couldn't boot anything anymore and wouldn't even show anything on screen.

[hitomi]

eto question, in light of the quality of governance we've had over the years:

 

can you sue the government? i'm not talking about through the ombudsman here, i mean a private citizen suing the government. can it be done? has it been done?

 

for example, recently in Sta. Mesa. There was a giant hole in the street and the government did nothing about it, not even providing a barrier and warning signage. Late one night, a motorcycle and a car fell in it, the car was heavily damaged - i don't know what happened to the motorcycle, but it must have been worse.

 

so i'm thinking, kawawa naman sila, can you sue the government for damages?

[R@v3n]

Hehe .. that wouldn't be a big problem, just a lot of clicking on yes. And if its indeed the folders under document and settings, that would be a lot of clicking yes. The admin can always take control, even when deny permissions are present .. it just takes a lot of perseverance in having to acknowledge every permission change to files and folders.

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Hopefully, the file/s or directory/s weren't made private (in other words...encrypted) by the user or else even if you do change the permissions you won't be able to access the files. :headsetsmiley:

[wolfy]

Hopefully, the file/s or directory/s weren't made private (in other words...encrypted) by the user or else even if you do change the permissions you won't be able to access the files.  :headsetsmiley:

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It's pretty rare to find that on the average user pc. Most users don't use the encrypted file/folder option in windows ( luckily they don't )

[deus]

Hehe .. that wouldn't be a big problem, just a lot of clicking on yes. And if its indeed the folders under document and settings, that would be a lot of clicking yes. The admin can always take control, even when deny permissions are present .. it just takes a lot of perseverance in having to acknowledge every permission change to files and folders.

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yes that's quite right but you just have to select the parent folder and replace or add a new owner, then applying these ownership to all subcontainers and objects

[agentjackbauer]

By all means you can.