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urgently need advise.
05/06/2012 12:38:00
Re: Buy Out and Resignation

Dear All,
I was previously being bought out (2 months) from my ex company by current company. In the offer letter with my current company, there was nothing stated that they shall bond me or I have to pay them back for the buy out if I were to resign.

After joining the current company, I realised that I am not suitable for the job roles and it wasn't as promised by the employer. I have tendered my resignation to the current company with a 2 weeks notice period as per their offer letter since I am still under probation (I am here for 2months). Now, they are asking me to compensate them back the amount that they've bought me out. I wonder if if this is legal of them to make me compensate them? There was no black and white or any contract being signed at all. In fact, before I accepted the offer, I did check with them regarding this through the phone and they told me verbally that I am not bonded to the company.

It wasn't my intention to take the current company as a stepping stone but the job nature was really not what I expected/interested and I don't see myself having any good prospect here at all. Therefore when there is a better opportunity being offered, I think it would be best I leave.

Please advise if I must compensate them back the amount?

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KL Siew
05/06/2012 16:31:46
It is entirely up to you to compensate them or not and I don't think there is much they do about it if you choose not to. But one thing is for sure, should your future employer were to check you out about your backgrounds from this company, they definitely will not have a lot of good things to say. As they say: "come nicely, go nicely".
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13/06/2012 10:46:33
Hi KLsiew,
Thanks for the clarification. They now told me that I am supposed to compensate them 1 month the 'current' salary, rather than 1month of the 2 month buy out.

They say rightfully, they should require me to pay 2 months of my current salary. which there is NO contracts/agreements been set up.

I feel very awful and upset about all these as these are now their verbal statements vs mind. I wonder if they could take any legal actions towards me?
I agree to compensating them 1month from the 2 months buy out from my previous company, nvr in mind that is 1 month of the current salary (it makes almost RM1k difference).

Can you please advise if I should take this to legal action? Also, I do not have money to pay for expensive lawyer, is there any way i can still go for this option?
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urgently need advise
13/06/2012 11:02:29
I have agreed to compensate them 1month out of the 2month buy out, as per my phone conversation with the HR previously. And in my letter of resignation letter, i have stated that i will compensate the 1 month out of 2-mth buy out. However, upon receiving the release letter, they said it is justified for me to remit the company 1month of my 'current' salary.
May I know if i can disagree to this? The different for the 1 month out of 2-mth buy out and current salary is pretty big (almost RM1k).
I have seek for HR's clarification and she said that its rightful that they want me to pay them back 1 month of my current salary.

I am very upset with this as 1stly, before I joined, have clearly asked if i m bonded, and they said no. 2ndly, there's no black and white regarding the buy out and whether i need to compensate. 3rdly, when I discussed this with the hr on the phone, on my understanding, I have to pay them back 1month of the 2months buy out amount. Now, she changed the 'statements' that she has never said that and it is rightful for them to ask me compensate 2 months of my current salary but they r being 'kind' to ask me pay back 1month instead, which I tihnk is absurd!.

Please advise if I could bring this up to the labor department or legally? Also, may I know if there's any body which can asisst me? I have no money to engage an expensive lawyer to help me sort this out. I have always been wanting to go nicely, but i think they r being mean to me :(.

My last day is tomorrow, 13/6. Would appreciate if you could revert me ASAP. Thanks.
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Urgently need advise
13/06/2012 16:44:05
Hi KL Siew, can you please remove my email address for privacy reason. I have accidentally added that in. So sorry for the troubles. TQ
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