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My Brother's Company Takes Him To Court Because He Resigned - Career (4) - Nairaland

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Re: My Brother's Company Takes Him To Court Because He Resigned by Speeddial(m): 10:20am On Jun 29, 2021
hardbody:


Your brother should counter claim for delayed salaries and all. Was the pension paid to him direct, if yes he should join PENCOM in the suit. Pensions should be remitted to PENCOM monthly. It is criminal not to do that and PENCOM will come hard on the company. This matter should be taken to the industrial court and sorted out quickly, the court gives quick judgments. Unfortunately details of the contract are not known. He can sue for restraint of trade among other things. If the lawyer knows what he is doing, there shouldn't be so much issues. Contracts in restraint of trade is against public policy and can be effectively challenged. Let him use a good lawyer and all of these will be sorted

After his lawyers replied that they also owe him lots of pension arrears, after about a week he started receiving the alert in his pension account, more than 12 months arrears alert on his phone in one day.
Re: My Brother's Company Takes Him To Court Because He Resigned by Housing(m): 10:21am On Jun 29, 2021
He need to change that his Lawyer or let him know that he is not satisfied with his actions so far. He need to counter sue them at the Industrial Court. If it is in Lagos I can recommend better and more vibrant lawyer for him. Calculating and putting the supposed accrued interest/gain on his pension remittances into perspective. Plus need to always to borrow due late payments of salaries had exposed him to unwarranted public disgraced and emotional trauma worth more than N10M. Your brother's Lawyer is a fraud or incompetent.

will neutralize their claim of N2M,

1 Like

Re: My Brother's Company Takes Him To Court Because He Resigned by sisisioge: 10:21am On Jun 29, 2021
grin grin grin


Lol at your brother. He shouldn't have engaged a lawyer. He should have argued his case by himself. They breached the terms of the engagement first hence the reason he left. Proving that should be pretty easy with the lump sums paid after the fact.
Besides, he would have been owing them one month salary so he ought to have paid it since he left without notice. Or if he had accrued leave days, he should have used that in lieu of the notice period. All in all, he should have gotten someone to advise him when he was taken to court and simply do what they did....restitute after the fact . All these yeye lawyers sef na wa.

At this point, advise him to stop paying any lawyer in court, highest they will award his former employer up to 3 months worth of his former salary. Whew!

1 Like

Re: My Brother's Company Takes Him To Court Because He Resigned by SunTzu123(m): 10:22am On Jun 29, 2021
Your brother can use the payment date of his salary and pension as his major evidences. He should sue them at industrial court.

They can never win.
Re: My Brother's Company Takes Him To Court Because He Resigned by phemmyfour: 10:24am On Jun 29, 2021
Speeddial:
I am writing this because I feel the management of this company is a group of people who do not want its workers to succeed.

My brother worked for this company for about 5 years, and within these 5 years, salary has never been consistent.

At times they may even stay up to six months before they pay one month

Even when his wife gave birth he met with them and asked them to help him with little money to cushion the cost of the hospital bills, but all to no avail.

Not only the fact that they were not paying salaries, but they were not also remitting his pensions.

You know what that means, these pensions are supposed to be paid on time to enable them to compound in interest.

Before he resigned they were owing to him four months' salary.

He was willing to let it go

So he left without getting paid

As soon as he left it wasn't even up to a week they paid him four months salary at once

After they paid him the salary they sent him a letter that he should come and pay them some money as a sort of compensation to them.

When my brother talked about the fact that they also owe him a pension, it didn't take them a week to remit pension of over 1 year 6 months

So they took him to court, ever since then my brother has been paying a lawyer who has been demanding money-wise.

This is a company that will sack its workers without any sort of compensation.

I feel they are doing this just to create fear in the mind of all the workers in the company so they can also tread with caution, but the effect of their decision is telling on my brother.

Right now he is not concentrating and he is spending money that he doesn't have.

Some time ago they gave him the training he did online and they claim they sent him to Australia to study.

And thereby he should pay them 2 million as compensation.

Guys please I need your advice and how he could handle this case very well.



He should threatening them with NLC, they ll back down
Re: My Brother's Company Takes Him To Court Because He Resigned by Speeddial(m): 10:27am On Jun 29, 2021
Paretomaster1:


You said he left? He didn't resign, did they accept his resignation? On what basis are they suing him?

He dropped a resignation letter, stating the reason why he is resigning.
Re: My Brother's Company Takes Him To Court Because He Resigned by askakim(m): 10:29am On Jun 29, 2021
My big broda friend was also in this kind of trouble few years ago in Lagos. The coy told him to sign a contract of not leaving the coy for 10yrs because they trained him and sent him to South Africa thrice for one training like that for two month always ... Other better offer were coming when he clocked 7 years.. He didn't even resign,left the coy from his one month leave to relocate to the new coy.. He changed his contact, address and took the new offer in the south south... Even his extended relative didn't know he has left there

3 Likes

Re: My Brother's Company Takes Him To Court Because He Resigned by Brandconsultany: 10:30am On Jun 29, 2021
OP please take this very advise seriously, it's one of the best so far since reading through this thread. Make sure to implement everything that has been advised herein

BuyAndSellStuff:
Nigerian employers are wicked. They treat you like trash but the moment you want to help them take out the trash, they start fighting your exit.

Which means they know your value but are trying to paint you bad so you keep believing that you aren't good enough.

If you've worked in a multinational corporation, you will understand that 80% of them have nothing upstairs. All they do is wear clothes and sleep around.

If you know your worth, dump your evil employer once you get a job offer and never look back. Bastards.


..............................................................................................
As for the OP, dump that useless lawyer. He is there to milk you dry.
Write a petition to the ministry of labour, copy EFCC, FIRS, PENCOM & crazy NGOs. Highlight how your former employer duped you for 5 years, show evidence of pension remittance (which is a grave offence), delayed salaries, show all the financial misappropriations they have committed.

Watch them backtrack. The fire those thieving organizations will put on their ass, they won't even remember you.

Lastly, play dirty. Take their names & pictures to social media with screenshots. Names of company, MD, Directors involved etc. Shake them!! They have more to lose.

Most of them are claiming deacons in their churches and forming leaders in their residential estates. Behave like a sokoloan agent with their integrity or you can sit there & continue to wallow in self pity.
Re: My Brother's Company Takes Him To Court Because He Resigned by AntiWailer: 10:30am On Jun 29, 2021
Lol


They will lose.

They breached contract the day they owed him salary.

Bunch of fools with stupid lawyers
Re: My Brother's Company Takes Him To Court Because He Resigned by Fanuchi007: 10:30am On Jun 29, 2021
Even if he signed agreement to work with the company for a stipulated number of years, he must have signed agreement with the company to be collecting monthly salary. If he was not paid, he can also sue the company for damages owing to the fact that his salary were not paid as of when due. We talking of millions of Naira smiley.
Las las d company go tire
Re: My Brother's Company Takes Him To Court Because He Resigned by OlujobaSamuel: 10:31am On Jun 29, 2021
This story get k leg abeg.
Where was he sued sef, NIC or a FHC, if it's a FHC and your lawyer no sabi what to do, sack am, you have no business with FHC over labour matters.
Also, drag the company to Ministry of Labour, NLC and PENCOM, compile all correspondence and payments receipt, forward it to the group above, copy the company too.
Re: My Brother's Company Takes Him To Court Because He Resigned by owillowill: 10:31am On Jun 29, 2021
BuyAndSellStuff:
Nigerian employers are wicked. They treat you like trash but the moment you want to help them take out the trash, they start fighting your exit.

Which means they know your value but are trying to paint you bad so you keep believing that you aren't good enough.

If you've worked in a multinational corporation, you will understand that 80% of them have nothing upstairs. All they do is wear clothes and sleep around.

If you know your worth, dump your evil employer once you get a job offer and never look back. Bastards.


..............................................................................................
As for the OP, dump that useless lawyer. He is there to milk you dry.
Write a petition to the ministry of labour, copy EFCC, FIRS, PENCOM & crazy NGOs. Highlight how your former employer duped you for 5 years, show evidence of pension remittance (which is a grave offence), delayed salaries, show all the financial misappropriations they have committed.

Watch them backtrack. The fire those thieving organizations will put on their ass, they won't even remember you.

Lastly, play dirty. Take their names & pictures to social media with screenshots. Names of company, MD, Directors involved etc. Shake them!! They have more to lose.

Most of them are claiming deacons in their churches and forming leaders in their residential estates. Behave like a sokoloan agent with their integrity or you can sit there & continue to wallow in self pity.

correct....write petition against them
crazy employers everywhere
Re: My Brother's Company Takes Him To Court Because He Resigned by Goke7: 10:33am On Jun 29, 2021
Speeddial:


This is supposed to be a reputable company

As for me I would have exposed the company by now. But my brother is still on lowkey.

Your brother is on low-key because he knows the company still has some rights over him especially since they have just paid him all the outstanding. He needs to go about this wisely or part away with some of the money after negotiations. It's better to be free from such shylocks than allowing them to still have a hold on him
Re: My Brother's Company Takes Him To Court Because He Resigned by ledaman: 10:35am On Jun 29, 2021
dangoteinlaw:
if you have been in a position of job search and finally found one company out of 2000 u applied for that finally called u on that day u had to borrow money to buy garri, contract signing will fly out of your head.
Then you shouldn't complaint if it backfired.
Re: My Brother's Company Takes Him To Court Because He Resigned by Brunicekid(m): 10:35am On Jun 29, 2021
Asquare84:
did your brother sign any agreement with the company to work with them for a stipulated time, if not, the company can not do anything.
Yeah, one should be careful of agreement signed with companies!!!
Re: My Brother's Company Takes Him To Court Because He Resigned by Perfectman91: 10:36am On Jun 29, 2021
deluckiest:
He should take it to God spiritually.

They will eventually withdraw the case and apologize to him.

Africans and Jesus/God mentality
Re: My Brother's Company Takes Him To Court Because He Resigned by Depressed101: 10:39am On Jun 29, 2021
Afriqan:


He should visit the ministry of labour or NLC and get a letter inviting the company's management. With small change they will issue a letter to the organisation and invite them for questioning and dispute resolution...
sterling advice

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Re: My Brother's Company Takes Him To Court Because He Resigned by victorazy(m): 10:39am On Jun 29, 2021
ezugegere:
Did he sign any contract with them? What's contained in the contract?
What's the name of the company? Does your brother have evidence they were always owing him?
Maybe they know your brother is a dull person, hence their actions

I tell you, the guy too dull!

Imaging to the extend a quack lawyer noticed that and has also been milking him.

What is there;

1.Table your copy of letter of engagement or your agreement with them if any, disclose it that it was not written anywhere that I should not quit the company if I want to.

2. Show your evidence that they are known with the habit of owing.

3. They have I'll manner towards you

4. They don't care about your welfare which is paramount as a company to her workers.

5. Tell the court that they are malicious and full of deceits. That they never took you to abroad for training.

So many counts.

Make it clear that your incapable of coming to court for a baseless allegations, that if he must attend to court, they must provide him the logistics fee of N150k if not he is not answerable to any call period.
Re: My Brother's Company Takes Him To Court Because He Resigned by WaffenSS(m): 10:40am On Jun 29, 2021
They're asking for one month's salary in lieu of notice, unless he served them his resignation a month in advance.
Re: My Brother's Company Takes Him To Court Because He Resigned by Xfemt(m): 10:42am On Jun 29, 2021
BuyAndSellStuff:
Nigerian employers are wicked. They treat you like trash but the moment you want to help them take out the trash, they start fighting your exit.

Which means they know your value but are trying to paint you bad so you keep believing that you aren't good enough.

If you've worked in a multinational corporation, you will understand that 80% of them have nothing upstairs. All they do is wear clothes and sleep around.

If you know your worth, dump your evil employer once you get a job offer and never look back. Bastards.


..............................................................................................
As for the OP, dump that useless lawyer. He is there to milk you dry.
Write a petition to the ministry of labour, copy EFCC, FIRS, PENCOM & crazy NGOs. Highlight how your former employer duped you for 5 years, show evidence of pension remittance (which is a grave offence), delayed salaries, show all the financial misappropriations they have committed.

Watch them backtrack. The fire those thieving organizations will put on their ass, they won't even remember you.

Lastly, play dirty. Take their names & pictures to social media with screenshots. Names of company, MD, Directors involved etc. Shake them!! They have more to lose.

Most of them are claiming deacons in their churches and forming leaders in their residential estates. Behave like a sokoloan agent with their integrity or you can sit there & continue to wallow in self pity.
if am you mr op
I’ll copy this advice and give to my brother in this situation

Make your brother no dull oh
Re: My Brother's Company Takes Him To Court Because He Resigned by Nobody: 10:43am On Jun 29, 2021
Company sent your brother to Australia for training, in what?
Was there a bond agreement?

If your brother's resignation goes against the bond agreement the company can sue.

Devil has no free gift.
Re: My Brother's Company Takes Him To Court Because He Resigned by Neddyogu(m): 10:43am On Jun 29, 2021
Speeddial:


Yes he signed a contract, and he has about 1 or 2 years to stay with them before leaving.

But they were not fulfilling their own part of the contract. And it was really affecting him because he was not able to take care of his family.

Na here problem dey.
Re: My Brother's Company Takes Him To Court Because He Resigned by Nobody: 10:44am On Jun 29, 2021
Xfemt:
if am you mr op
I’ll copy this advice and give to my brother in this situation

Make your brother no dull oh

The company sent the guy for training overseas, I am sure there was a bond agreement between the company and the guy.
Re: My Brother's Company Takes Him To Court Because He Resigned by oluemmakay(m): 10:50am On Jun 29, 2021
Goalnaldo:
Within a week they paid him one year plus salary they are owing him plus pension meaning they have the money but they chose to owe him. They are very wicked!! May that company get bankrupt before the end of this year in Jesus name.

They intentionally withheld his salary, knowing fully well that he had signed a contract with them and he can't leave at will. This is pure wickedness from the management. If you can pay the four months salary within a week of resignation, why didn't they pay it when he was with them. They paid so as to have a good ground to take up legal actions against him.
I wish I have the resources to take up this case.
Re: My Brother's Company Takes Him To Court Because He Resigned by castiello(m): 10:55am On Jun 29, 2021
Meet with human rights lawyers let them invite the company, trust me online one result will happen and that is they will not come case closed
Re: My Brother's Company Takes Him To Court Because He Resigned by Ingredient88(m): 11:03am On Jun 29, 2021
Speeddial:


Yes he signed a contract, and he has about 1 or 2 years to stay with them before leaving.

But they were not fulfilling their own part of the contract. And it was really affecting him because he was not able to take care of his family.
Than there is nothing to talk about okay, he is still under a contract, so they have the right to take him to anyway they like, that is a private company for you, as far as he is still in contact with them, hmmmm, let him go and finish his work there with him o, coz he will continue to spend d money he doesn't have. ..... contact is contact ok my brother.
Re: My Brother's Company Takes Him To Court Because He Resigned by AmadorSays: 11:03am On Jun 29, 2021
Hmmm no be small thing
Re: My Brother's Company Takes Him To Court Because He Resigned by 123readygo: 11:04am On Jun 29, 2021
Tell him to stop wasting his money going to court. No court will grant the company's claim (whatever be the claim against him). He should contact me for further details if interested.

1 Like

Re: My Brother's Company Takes Him To Court Because He Resigned by Lonelypacifist6: 11:15am On Jun 29, 2021
How is this company even still afloat? If workers don't get paid and "compensated" with things like tips and refreshments, the work place is usually gloomy, I know this as an employer. Your brother can easily turn this in his favour this is a no contest case, he can counter sue them for unjust work practices.
Re: My Brother's Company Takes Him To Court Because He Resigned by Burgerlomo: 11:18am On Jun 29, 2021
Afriqan:


He should visit the ministry of labour or NLC and get a letter inviting the company's management. With small change they will issue a letter to the organisation and invite them for questioning and dispute resolution...

Best comment so far cool

1 Like 1 Share

Re: My Brother's Company Takes Him To Court Because He Resigned by skiguy123(m): 11:19am On Jun 29, 2021
Speeddial:


Yes he signed a contract, and he has about 1 or 2 years to stay with them before leaving.

But they were not fulfilling their own part of the contract. And it was really affecting him because he was not able to take care of his family.

No matter the contract he signed, there is always a termination process to a contract. He should refer to the letter and read the termination clause which is normally for him to give notice of resignation or pay back in lieu of the notice which ranges from 1 - 3 months salary depending on his position in the company.

However, if such letter does not have a termination clause, then it becomes a void contract and cannot be presented in any court.

My advise is that job seekers should always understand the contract they are signing before taking up an employment. Most of us only care about the monthly remuneration on the letter and neglect other parts of the letter.

I was a victim some years back when it was stated on my letter that once I leave the company, I cannot work with a competitor of the company until after 5 years.

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