Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,152,955 members, 7,817,804 topics. Date: Saturday, 04 May 2024 at 08:02 PM

Please Help! My Former Employer Demands I Refund A Month Salary... - Career (3) - Nairaland

Nairaland Forum / Nairaland / General / Career / Please Help! My Former Employer Demands I Refund A Month Salary... (13879 Views)

How I Lost My Dream Job Without Collecting 1 Month Salary - Meme Collection / My Former Employer Is About To Cheat Me, Please Help / My Former Employer Is Yet To Remit My 23 Months Pension Fund To My RSA. (2) (3) (4)

(1) (2) (3) (4) (Reply) (Go Down)

Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Nobody: 8:24am On Aug 04, 2017
MyPrinceMeLuv:
please i am just pissed off, and i need genuine advice from all especially lawyers. I started working with my former employer 14th April 2016 as an Audit officer and resigned 30th June 2017. All through my stay there, i did my best but had to leave because i got a better offer. now they are threatening to take a legal action against me should i fail to refund them a month salary for not giving them a month notice.

NOTE: while i planned to resign, my compliance manager resigned after a month notice and they offered to transfer me to there head office and double my salary but i had to go because i had already collected my employment letter from my new employer.

now what do i do, do i refund or not?
.


contact a real lawyer.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by afolayangs(m): 8:25am On Aug 04, 2017
what do you have in the condition of services as regards resignation of appointment. You have to comply with that weather it favours you or not.
MyPrinceMeLuv:
please i am just pissed off, and i need genuine advice from all especially lawyers. I started working with my former employer 14th April 2016 as an Audit officer and resigned 30th June 2017. All through my stay there, i did my best but had to leave because i got a better offer. now they are threatening to take a legal action against me should i fail to refund them a month salary for not giving them a month notice.

NOTE: while i planned to resign, my compliance manager resigned after a month notice and they offered to transfer me to there head office and double my salary but i had to go because i had already collected my employment letter from my new employer.

now what do i do, do i refund or not?
.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Dozi05(m): 8:26am On Aug 04, 2017
normally the contract usually states 1 month notice or salary in lieu so if you did not give them a notice and my preceding statement applies to your employment contract i would advice you pay them.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by DreManuel(m): 8:29am On Aug 04, 2017
playcharles:

In some cases, I don't think it's standard practice if it is not indicated in your employment letter or employee handbook

From my experience its the standard except you are under probation and not yet confirmed them either party can terminate appointment without notice.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Nobody: 8:34am On Aug 04, 2017
MyPrinceMeLuv:
please i am just pissed off, and i need genuine advice from all especially lawyers. I started working with my former employer 14th April 2016 as an Audit officer and resigned 30th June 2017. All through my stay there, i did my best but had to leave because i got a better offer. now they are threatening to take a legal action against me should i fail to refund them a month salary for not giving them a month notice.

NOTE: while i planned to resign, my compliance manager resigned after a month notice and they offered to transfer me to there head office and double my salary but i had to go because i had already collected my employment letter from my new employer.

now what do i do, do i refund or not?
.

It's legal for you to refund a months salary because you didn't notify them a month before leaving.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by daviefm(m): 8:41am On Aug 04, 2017
U ARE TO REFUND
ATLEAST, 10 WORKING DAYS NOTICE SHUD BE GIVEN
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Lexusgs430: 8:47am On Aug 04, 2017
MyPrinceMeLuv:
please i am just pissed off, and i need genuine advice from all especially lawyers. I started working with my former employer 14th April 2016 as an Audit officer and resigned 30th June 2017. All through my stay there, i did my best but had to leave because i got a better offer. now they are threatening to take a legal action against me should i fail to refund them a month salary for not giving them a month notice.

NOTE: while i planned to resign, my compliance manager resigned after a month notice and they offered to transfer me to there head office and double my salary but i had to go because i had already collected my employment letter from my new employer.

now what do i do, do i refund or not?
.

What is the content of your contract of employment, relating to resignation?

NB : If you are already collecting double your previous salary, refunding should not be a problem.
Work out an arrangement with your previous employer, if you cannot pay a lump sum back, offer them instalments........
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by mincha2: 8:50am On Aug 04, 2017
MyPrinceMeLuv:
please i am just pissed off, and i need genuine advice from all especially lawyers. I started working with my former employer 14th April 2016 as an Audit officer and resigned 30th June 2017. All through my stay there, i did my best but had to leave because i got a better offer. now they are threatening to take a legal action against me should i fail to refund them a month salary for not giving them a month notice.

NOTE: while i planned to resign, my compliance manager resigned after a month notice and they offered to transfer me to there head office and double my salary but i had to go because i had already collected my employment letter from my new employer.

now what do i do, do i refund or not?
.
you have to refund the salary cos i believe it was spelt out in your terms of agreement
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by GeniusDavid(m): 8:51am On Aug 04, 2017
MyPrinceMeLuv:
please i am just pissed off, and i need genuine advice from all especially lawyers. I started working with my former employer 14th April 2016 as an Audit officer and resigned 30th June 2017. All through my stay there, i did my best but had to leave because i got a better offer. now they are threatening to take a legal action against me should i fail to refund them a month salary for not giving them a month notice.

NOTE: while i planned to resign, my compliance manager resigned after a month notice and they offered to transfer me to there head office and double my salary but i had to go because i had already collected my employment letter from my new employer.

now what do i do, do i refund or not?
.

Don't pay any attention to this "standard practice" fellas. Your Appointment letter is your contract. If it's stated anywhere that you need to give the company a one month notice then you have to refund the money. Except from that, if they sue you, you have a strong advantage. But first consider the whole legal process, if the so called amount outweighs the legal expenses then go to court, But if its slightly on par then save yourself the stress and give them their money. Pay them and have it signed preferably via bank, your biggest mistake would be to do that in cash with a verbal agreement.

Time to continue watching Suits. Au reviour mon amiez.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Nobody: 9:03am On Aug 04, 2017
MyPrinceMeLuv:
please i am just pissed off, and i need genuine advice from all especially lawyers. I started working with my former employer 14th April 2016 as an Audit officer and resigned 30th June 2017. All through my stay there, i did my best but had to leave because i got a better offer. now they are threatening to take a legal action against me should i fail to refund them a month salary for not giving them a month notice.

NOTE: while i planned to resign, my compliance manager resigned after a month notice and they offered to transfer me to there head office and double my salary but i had to go because i had already collected my employment letter from my new employer.

now what do i do, do i refund or not?
.

You have to refund...otherwise, the way they will finish you when u need dem for organisation reference, you will not like the grammar, since it involves money, it will be seen as u don't want to pay, and thats integrity Issue.

but u can do it at your convenience... I payed mine in 3 instalments so I ddnt feel it. Dropping a whole one month salary ddnt go too well with me..i was even surprised when they quoted a whole month salary, Instead of basic...its almost as if company HR are usually angry when a staff says he's leaving...I payed with draft so it will be traceable though..
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by rayobaba(m): 9:09am On Aug 04, 2017
bro, na simple case.
since u have decided to go to the new company, you can go but,go pick ur former employment letter and read d conditions of resigning. Fulfill this condition because u have already signed to the offer and conditions then, so u are bound by the terms.
If u did not fulfill it, it can make u lose ur present job if ur new company write to ur former company to ask abt u.
Something similar happened to me that i almost lost the new job. Mine is not even as serious as urs.
Mehn, they shook me ooo.
Do the right thing!
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by TEYA: 9:09am On Aug 04, 2017
1StopRudeness:


You have to refund...otherwise, the way they will finish you when u need dem for organisation reference, you will not like the grammar, since it involves money, it will be seen as u don't want to pay, and thats integrity Issue.

but u can do it at your convenience... I payed mine in 3 instalments so I ddnt feel it. Dropping a whole one month salary ddnt go too well with me..i was even surprised when they quoted a whole month salary, Instead of basic...its almost as if company HR are usually angry when a staff says he's leaving...I payed with draft so it will be traceable though..
And you think they will not finish him/her after paying back the money? If it is not stated in the employment letter nothing will happen joor!
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Nobody: 9:10am On Aug 04, 2017
GeniusDavid:


Don't pay any attention to this "standard practice" fellas. Your Appointment letter is your contract. If it's stated anywhere that you need to give the company a one month notice then you have to refund the money. Except from that, if they sue you, you have a strong advantage. But first consider the whole legal process, if the so called amount outweighs the legal expenses then go to court, But if its slightly on par then save yourself the stress and give them their money. Pay them and have it signed preferably via bank, your biggest mistake would be to do that in cash with a verbal agreement.

Time to continue watching Suits. Au reviour mon amiez.

Unless it's a road side small shop..all standard company have that policy...and there's no company that will sue because of one month in-lieu payment...they know the staff will need them some day for organization reference, that's the only danger....u won't be there to read all the nasty thing they will write ranging from integrity Issue, to improper and unauthorised resignation...they will just make the grammar look bigger than it is...just to make ur new employer feel u will do the same to them... so unless he's going to hi personal business he should just pay and forget about it

2 Likes

Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Mac2016(m): 9:15am On Aug 04, 2017
Omonorsemen:
well as for me I keep wondering why some people don't look at the other side of the coin.. what If this perinatal in question was sacked ? will the person be paid a month salary? because I know they don't say it when you will be sacked..
if sacked with immediate effect you are entitled to a one full month salary in advance (that u wont work for). If not you can sue ur company...people did it to my company sometimes back and they won and collected all their money.

1 Like

Re: Please Help! My Former Employer Demands I Refund A Month Salary... by donqx: 9:17am On Aug 04, 2017
for what
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Nobody: 9:19am On Aug 04, 2017
TEYA:

And you think they will not finish him/her after paying back the money? If it is not stated in the employment letter nothing will happen joor!

Whatever for?? If u ddnt do anything wrong before leaving your company..they can never finish u by writing a bad reference on you...
It's in all standard company's policy....but if for some reason, it's not even there, they could still hold it against him. Cos in organisation's policy there is what is called "addendum"...which every employee has the right to ask HR at anytime for sensitizing and keeping urself abreast with company's law and ethics
The bad part is,an addendum doesn't mean u will get a new employment contract letter to replace the old one you have...u dig??
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Mydazz(m): 9:20am On Aug 04, 2017
This is what happens when people collect appointment letter, check the salary breakdown and totally ignore every other thing written on it.
In this case your appointment letter and company policy is all you need not a lawyer.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Mac2016(m): 9:22am On Aug 04, 2017
MyPrinceMeLuv:
please i am just pissed off, and i need genuine advice from all especially lawyers. I started working with my former employer 14th April 2016 as an Audit officer and resigned 30th June 2017. All through my stay there, i did my best but had to leave because i got a better offer. now they are threatening to take a legal action against me should i fail to refund them a month salary for not giving them a month notice.

NOTE: while i planned to resign, my compliance manager resigned after a month notice and they offered to transfer me to there head office and double my salary but i had to go because i had already collected my employment letter from my new employer.

now what do i do, do i refund or not?
.

Nigeria is a part to International Labour Organization and it is expressly stated in their constitution "one-month in lieu" vice versa so pay them their goddamn money and save your next cos you can't win the legal suit!
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by TEYA: 9:31am On Aug 04, 2017
1StopRudeness:


Whatever for?? If u ddnt do anything wrong before leaving your company..they can never finish u by writing a bad reference on you...
It's in all standard company's policy....but if for some reason, it's not even there, they could still hold it against him. Cos in organisation's policy there is what is called "addendum"...which every employee has the right to ask HR at anytime for sensitizing and keeping urself abreast with company's law and ethics
The bad part is,an addendum doesn't mean u will get a new employment contract letter to replace the old one you have...u dig??
Who will go to them for reference? If the new company needs an info about a new employee they get such through phone calls most of the time. If my wrong doing is that I did not give a month notice before leaving I will simply state it was not in the agreement. If the only hope of an employee's acceptance into a new organisation lies in the hands of the previous employer then 90% of nigerian employees will be stuck in one company for life. Lol You sound like you're working in US or UK or some naija based multinational.

1 Like

Re: Please Help! My Former Employer Demands I Refund A Month Salary... by SmartyPants(m): 9:49am On Aug 04, 2017
Even I its not expressly written in your appointment letter, I'm sure the courts would be willing to imply such terms given Tha it is viewed as being so widely accepted as the norm.

Why couldn't you just do the right thing by giving notice and working the extra month?

Nigerians always trying to pull a fast one on somebody... Doesn't pay bro. One months salary won't kill you.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by MyPrinceMeLuv(m): 9:56am On Aug 04, 2017
men! you guys have done well with all written/said so far, i wanted to know what is obtainable as regards my subject topic.
I have actually come into terms with them, thanks for your honest opinion.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by donvicky2007: 9:56am On Aug 04, 2017
if it is stated in your appointment letter that you should notify the company a month before quitting your job, you should refund them but if it is not stated in your appointment letter, then you own them nothing.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by bigyomite(m): 9:56am On Aug 04, 2017
As an Hr person I will advise that u are to give a month in lieu notice before leaving, pls u are to refund a month salary, that's what employment rules says, just an advise anyway.

1 Like

Re: Please Help! My Former Employer Demands I Refund A Month Salary... by tunary(m): 9:58am On Aug 04, 2017
No dull yourself o. me return money say wetin happen, I dey craze. money when I work
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by IfyGabbie: 10:02am On Aug 04, 2017
If you were given an appointment letter I believe it would have be stated clearly. U need to return the one month salary back to them or stay behind for one month after tendering your resignation letter.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by MyPrinceMeLuv(m): 10:07am On Aug 04, 2017
Go through your appointment letter, thoroughly this time
Do you see something like 'one month in lieu'
Oya now


you know itz there now!
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by ozimec(m): 10:25am On Aug 04, 2017
MyPrinceMeLuv:
please i am just pissed off, and i need genuine advice from all especially lawyers. I started working with my former employer 14th April 2016 as an Audit officer and resigned 30th June 2017. All through my stay there, i did my best but had to leave because i got a better offer. now they are threatening to take a legal action against me should i fail to refund them a month salary for not giving them a month notice.

NOTE: while i planned to resign, my compliance manager resigned after a month notice and they offered to transfer me to there head office and double my salary but i had to go because i had already collected my employment letter from my new employer.

now what do i do, do i refund or not?
.
As long as it's part of company's rule that you give one month notice before resignation or one month salary in lieu of one month notice, you must refund the money and move on. It is like that in most companies.
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by Kobicove(m): 10:38am On Aug 04, 2017
You can't just wake up one morning and decide to resign without giving your employer enough notice to find a replacement.

Please pay them one month's salary in lieu of notice or be ready to face legal action

I would advice you to do all you can to have a amicable separation with them cos you never know when you might need them in future
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by onyokometer: 10:49am On Aug 04, 2017
Refund the salary with immediate alakirity,you must give your employer one month notice before u resign else u pay back ur one month salary. U wan go jail?
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by lonelydora: 11:05am On Aug 04, 2017
MadCow1:
The standard in case of termination is..

If you are going to resign, you must give the company one months notice.

If the company is firing you, they must pay you 1 months salary.

That's just the way it goes so go refund them their money or face legal action.

What if he asks them to cut that one month salary from his terminal benefits?
Re: Please Help! My Former Employer Demands I Refund A Month Salary... by encrypt(m): 11:12am On Aug 04, 2017
Render onto Caesar what is his..
I was here thinking you have notice, a company that was not treating you badly in anyway and you repay them by packing up and running?
You should be ashamed of yourself..
You are very lucky all they are asking for is one month's salary.
Some employers will make sure you lose both ways
Now go apologize for your shoddy behavior and pay them what you owe them.

(1) (2) (3) (4) (Reply)

What Did Your Company Give For Christmas Essenco. / Effective Career Planning; What Are Your Plans For 2012? / Bank Workers Declare Your Assets - CBN Orders

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 75
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.