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Please Advise. We Were Told To Resign - Career (3) - Nairaland

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Please Advise Me, I Am At Cross Roads On What To Do / Most Loved, Two Official Cars, Then Mysteriously Asked To Resign / Am About To Resign Because Of My Boss Wickedness,harrassments And Embarassments! (2) (3) (4)

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Re: Please Advise. We Were Told To Resign by easydone: 12:38pm On Aug 10, 2015
Hi,

I work in a consulting firm and I can tell you no top-notch consulting firm will ask a company to force its staff to leave WITHOUT PAYING THEM WHAT THEY ARE OWNED. The best way out of this is to sue the company. From the look of your post, I am assuming its a 1-man business; sue them on your own if the other members of staff are timid to do so. You don't have to get an expensive lawyer; this are the kind of cases young and ambitious lawyers love handling. Let the lawyer write them to give them a deadline within which they must pay you your money, if they fail, sue them for damages; don't worry, HR lawyers know how to handle such issues.
Hope it helps.
Re: Please Advise. We Were Told To Resign by Ephemmm: 12:42pm On Aug 10, 2015
sucess001:
Do not resign.

They should tell you what basis you they want you to resign on.

Dont sha resign.. let them 'sack' you.

Then you ask for your entitlements.

If they don't give you, take them to the industrial court.

Employer has the right to dismiss an employee with or without any reason: get your fact right. The most important thing is strict adherence to your contract of service which your employment letter contains.

If the offer say one month notice must be given or payment in lieu of notice, this means that such employer will pay each employees another one month salary in addition to previously owed ones as a result of absence of notice on the part of employer.

That is it.
Re: Please Advise. We Were Told To Resign by Ephemmm: 12:51pm On Aug 10, 2015
hazyfm1:


Are U okay?

Mr man don't blame the man you quoted because that is the best advise so far. A promisory note like cheaque will criminalize the case and it can be easily handled by a police officer instead of going through industrial court, which may consume much of the employees' time, energy and money.

Get the fact right.
Re: Please Advise. We Were Told To Resign by Obeseke: 1:00pm On Aug 10, 2015
Please, do not make any mistake of resigning. Let the Company confirm to you in writing that your services are no longer required if that is their position. In that case, you can have a legal justification to take them to court if you are not satisfied with whatever exit package they broker for you. Once you resign on your own, you lose your battle yourself. This is a trick which you should not buy into
Re: Please Advise. We Were Told To Resign by Ephemmm: 1:02pm On Aug 10, 2015
nwamummy96:
Please, i need advise from my fellow nairalanders on how to go about this. I work in a company in Lagos and just last week our MD contracted one consultant who told all of us to resign our appointment with the company.

He went ahead to tell us that he has placed an advert already on tuesday guardian that if we are still interested we should reapply and come for an interview with other applicants.

The company is owing us some months salary.

Please my fellow nairalanders my question is whether it is legally right to force all your staff to resign while you are owing them salary?


First of all, do not resign. But be informed that your appointment can be terminated with or without any reason by your employer: this is backed up by law.

Secondly, if the man propose to give you cheaques after the termination, please accept it: this is because he becomes a criminal immediately the cheaque bounces back. In connivance with a Police Officer, the man will be arrested and charged for criminal case.

Thirdly, if the above is not possible, make sure you contact a qualified lawyer.

Thanks.
Re: Please Advise. We Were Told To Resign by sucess001(m): 1:11pm On Aug 10, 2015
Ephemmm:


Employer has the right to dismiss an employee with or without any reason: get your fact right. The most important thing is strict adherence to your contract of service which your employment letter contains.

If the offer say one month notice must be given or payment in lieu of notice, this means that such employer will pay each employees another one month salary in addition to previously owed ones as a result of absence of notice on the part of employer.

That is it.

Are you a lawyer?

If u are you need some further learning.

Else you would have known that there are different rules for the reasons for disengagement.


And where in the narration did you read that notice wasnt given?
Re: Please Advise. We Were Told To Resign by Nigeriatraining: 1:21pm On Aug 10, 2015
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Re: Please Advise. We Were Told To Resign by KoloOyinbo(m): 1:26pm On Aug 10, 2015
nwamummy96:
Please, i need advise from my fellow nairalanders on how to go about this. I work in a company in Lagos and just last week our MD contracted one consultant who told all of us to resign our appointment with the company.

He went ahead to tell us that he has placed an advert already on tuesday guardian that if we are still interested we should reapply and come for an interview with other applicants.

The company is owing us some months salary.

Please my fellow nairalanders my question is whether it is legally right to force all your staff to resign while you are owing them salary?


If you resign in Europe/Western world you have no legal claim apart from the money you are owed. There is no severance pay or redundancy (don't think you have either in Naija anyway). NOR indeed do you have access to government unemployment benefits (again don't think they exist in Naija)

If the company terminate your employment you have rights in the western world. So termination is preferable to resignation.

WHY do the company want you to resign rather than terminate your employment? It seems you guys will NOT be rehired anyway.

In a western company this would be VERY suspicious!

Seek legal advice but in EITHER case you should be paid your money owed. IF you do resign include in the resignation that it was at the request/command of the management (the consultant is representing management) and you still firmly insist on your right to be paid.

1 Like

Re: Please Advise. We Were Told To Resign by hazyfm1: 1:31pm On Aug 10, 2015
Ephemmm:


Mr man don't blame the man you quoted because that is the best advise so far. A promisory note like cheaque will criminalize the case and it can be easily handled by a police officer instead of going through industrial court, which may consume much of the employees' time, energy and money.

Get the fact right.

Don't quote me unnecessarily.. This was what I commented at!

Omotayor123:
Good for you.... Why work for a company that can't even pay your salary
Re: Please Advise. We Were Told To Resign by gbengus26(m): 2:29pm On Aug 10, 2015
Let the union do there work, if the company union can not handle the issue, let them take the matter to notional unior. Don't resign let them sack all the work if the can not pay worker salary again or close than the company.
Re: Please Advise. We Were Told To Resign by josite: 2:29pm On Aug 10, 2015
sue for constructive dismissal.
Re: Please Advise. We Were Told To Resign by mastro: 2:42pm On Aug 10, 2015
As you have been advised above don't resign, that just plays into his hands

Refer to this link for Industrial court of Nigeria, http://nicn.gov.ng/ and look at cases, go over a ramdom few and you will see that while in Nigeria an employer can fire you for any or no cause, he must conform to the terms of employment, I hope you have a letter of employment that states these terms, not withstanding he must pay you for work you have performed, salary arrears fall under this.

If you look though the industrial court cases and judgement links you will see that any reasonable lawyer should be able to take on and win this case at minimal cost, what I will advise though is that rather than agreeing a fixed fee offer the lawyer a percentage of arrears recovered and a percentage of any damages received, as to the exact %ages that is really up to you.

Really you have nothing to lose by taking him to court, I know it feels like burning your bridges but anybody who expects you to work and not get paid doesnt have your interest at heart. Note he has money to employ a "consultant" but doesn't not to pay you what you are owed.

2 Likes

Re: Please Advise. We Were Told To Resign by geraob1: 3:06pm On Aug 10, 2015
Thats the problem with you people in this country. Instead of seeking affirmative action. U will open your mouth and say nothing God cannot do. meanwhile, U have not proferred any meaningful solution. Little wonder with the proliferation of churches in very street corner. the morals in the country keep going down and wickedness still upheld high....
Re: Please Advise. We Were Told To Resign by Ephemmm: 3:40pm On Aug 10, 2015
sucess001:


Are you a lawyer?

If u are you need some further learning.

Else you would have known that there are different rules for the reasons for disengagement.


And where in the narration did you read that notice wasnt given?



Where did I say the notice was given/not given according to the writer? I give you two conditions (when the notice is given and when not) and you are here quoting me out of context as if you are under the influence of alcohol.

However, the law states that both employer and employee can exit out of their contract with or without reason provided the terms and conditions stated in their deed of contract are met: can you please show me where it was provided that employer cannot terminate a contract of service without a reason in the law of contract?

Ignoramus like you are supposed to give concrete evidence when it comes to administrative issues like this and not a mere beer palour gist.
Re: Please Advise. We Were Told To Resign by MicroBox: 4:07pm On Aug 10, 2015
Resign and do your clearance then wait for your pay, if get delayed sue them simple
Re: Please Advise. We Were Told To Resign by chilan: 4:13pm On Aug 10, 2015
To get justice, send the name of the company, its address and your name to 08035533560.
Re: Please Advise. We Were Told To Resign by Nobody: 4:16pm On Aug 10, 2015
coolestrogue:
Nothing God cannot do, talk to him and he will fight for you.

You are right man! God never fails those who believe in him.
But this your 9" thing I done warn you b4 he dey scare ladies o.
Re: Please Advise. We Were Told To Resign by sucess001(m): 4:26pm On Aug 10, 2015
Ephemmm:


Where did I say the notice was given/not given according to the writer? I give you two conditions (when the notice is given and when not) and you are here quoting me out of context as if you are under the influence of alcohol.

However, the law states that both employer and employee can exit out of their contract with or without reason provided the terms and conditions stated in their deed of contract are met: can you please show me where it was provided that employer cannot terminate a contract of service without a reason in the law of contract?

Ignoramus like you are supposed to give concrete evidence when it comes to administrative issues like this and not a mere beer palour gist.


I assume you are a lawyer...

if you are...you are uncultured and uncouth. And you will do well not to insult your seniors.

I am 10 years at the Bar...i have defended cases at the industrial court and court of appeal on employment matters...

Except you have more years...you should sit down and learn.

For e.g do u realize that special rules come to play when an employee is being disengaged due to redundancy?


Would love to school you but your brazen display of ignorance and disrespect will not allow me.

Doesn't seem like ethics is being taught in lawschool anymore!


And er...assuming you are not a lawyer...your case is beyond hopeless!
Re: Please Advise. We Were Told To Resign by Ephemmm: 4:42pm On Aug 10, 2015
sucess001:



I assume you are a lawyer...

if you are...you are uncultured and uncouth. And you will do well not to insult your seniors.

I am 10 years at the Bar...i have defended cases at the industrial court and court of appeal on employment matters...

Except you have more years...you should sit down and learn.

For e.g do u realize that special rules come to play when an employee is being disengaged due to redundancy?


Would love to school you but your brazen display of ignorance and disrespect will not allow me.

Doesn't seem like ethics is being taught in lawschool anymore!


And er...assuming you are not a lawyer...your case is beyond hopeless!


It is not all about being a SAN since the days of Lugard or not, it is about common sense, productivity and applications of rules. Besides, who told you that someone is an island of knowledge even if you have been to Hague to defend a case? You can learn from me and I can learn from you.

Instead of resorting to this, you are supposed to prove me wrong about my declaration that employer has the right to disengage an employee with or without reason in that you cannot force a willing employee on an unwilling employer.
 so far the terms and conditions were followed as agreed.

What binds the employee and employer is a contract of service as I said earlier on: the 'exit clause' must be clearly specified in it. In the case of the writer, his/her exit clause is what nobody knows.

But this is Nigeria where one month notice is the commonest exit notice: if given to the employee, he is not entitled to claim it, but if not given, he is entitled to claim his one month salary in lieu of notice.

This was my stand which I made known without reservation. Argument is about logic: forget superiority complex.
Re: Please Advise. We Were Told To Resign by OsasuObayuwana: 5:45pm On Aug 10, 2015
OsasuObayuwana:
You have a right to be paid all outstanding. Before your appointment is terminated. Like a poster said above, consult your lawyer.

That being said I am a lawyer. I can assist you. The first step to be taken is to rally round all your colleagues affected and take a formal stand on the matter. After that you brief a lawyer to write the company complaining this ILLEGALITY. If they do not take any positive steps SUE THEM IN THE NATIONAL INDUSTRIAL COURT and claim DAMAGES

I can help with the last 2

You can reach me on 07037836881

Barrister Mark
Re: Please Advise. We Were Told To Resign by Rexology: 6:19pm On Aug 10, 2015
emmydeep:
Do not resign.
They want to play u guys. Dont fall into their trap by
resigning.

Even if you resign they won't pay your salary.

Pls consult a sound lawyer. The company may end up making you a millionaire soon by paying you damages for illegal sack.

Congrats in advance if you play your card very well.

"illegal sack" did you read their contract paper?
Re: Please Advise. We Were Told To Resign by Rexology: 6:43pm On Aug 10, 2015
I have some QUESTIONS for those of you advising op to get a Lawyer :
1. Will you bankroll the litigation?
2. Have you seen and read their contract paper?
3. Will getting a Lawyer be cost-effective?
4. What are his chances of wining the case?
5. How long do you think the litigation Will last?

It's obvious that the company want to outsource its workforce to that consultant, in that case all the staff MUST resign their previous appointment with the company to be re-engaged by the outsourcing firm.(Skye bank did same to it's contract staff recently).
All the outstanding salaries due from your previous appointment will be paid, or did the management of the company say categorically that they will not pay all your outstanding salaries?

1 Like

Re: Please Advise. We Were Told To Resign by DedeNkem: 1:01am On Aug 11, 2015
nwamummy96:
Please, i need advise from my fellow nairalanders on how to go about this. I work in a company in Lagos and just last week our MD contracted one consultant who told all of us to resign our appointment with the company.

He went ahead to tell us that he has placed an advert already on tuesday guardian that if we are still interested we should reapply and come for an interview with other applicants.

The company is owing us some months salary.

Please my fellow nairalanders my question is whether it is legally right to force all your staff to resign while you are owing them salary?


If you sue, you'll win!
Re: Please Advise. We Were Told To Resign by mbills: 8:15am On Aug 11, 2015
This is only done in Nigeria lipsrsealed
Re: Please Advise. We Were Told To Resign by 3rdlegxxx(m): 8:52am On Aug 11, 2015
Nigerians and God, someone bring an issue on board, for crying out loud, act like you are at least educated and profer probable solutions, the right type of lawyers the OP should go for and if we have legal Students or lawyers in the house with experience and knowledge in this area, kindly offer advice and help. i sometimes wonder how we would grow as a nation when some people would have serious issues and instead of thinking of ways to solve them and seek expert opinion, you would hear, God is your strength, God is with you, Pray to God like we didn't know all that.
Re: Please Advise. We Were Told To Resign by 3rdlegxxx(m): 11:12am On Aug 11, 2015
Rexology:
I have some QUESTIONS for those of you advising op to get a Lawyer :
1. Will you bankroll the litigation?
2. Have you seen and read their contract paper?
3. Will getting a Lawyer be cost-effective?
4. What are his chances of wining the case?
5. How long do you think the litigation Will last?

It's obvious that the company want to outsource its workforce to that consultant, in that case all the staff MUST resign their previous appointment with the company to be re-engaged by the outsourcing firm.(Skye bank did same to it's contract staff recently).
All the outstanding salaries due from your previous appointment will be paid, or did the management of the company say categorically that they will not pay all your outstanding salaries?

A Food for thought comment.

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