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 does your contract say? Go by the notice period on your contract. If it says one month, no need to debate this with them, just pay or risk losing your new job as well.

hmm

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..

Please Pounds And Euro Which Is The Biggest

MyPrinceMeLuv the notice is dependent on the provisions of your contract/letter/ of employment. what do you terms of employment have to say regarding the notice?

In the absence of such spelt out terms , section 11 of the Labour act provides that a person who has been in employment for more than three months but less than 2 years is required to give only one weeks notice.

now pay for the advice.

Talk to a lawyer. Professional fees for legal opinion doesn't cost much.

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.
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?
.

My dear, that is the necessary thing to do. It is a common practice as contained in the labour law, not just peculiar to your former company. It is the same reason a company is also mandated to pay a month salary to any of its staff being relieved of their job.
My advice is that you sign a postdated cheque for the company against your future cash flow if you don't have cash to pay now.
Congratulations!

You do not need any lawyer
Legal adviser you meant?
Go and refund the one month salary first then come for consultation with both employment letters.
Cheers.

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 are expected to give your employers a month notice or refund a month's pay should you have to leave your job.

This should have been expressly stated in your employment letter.

Where it is, and you signed to it, you are liable and can be sued should you fail to do so.

Where it is not, just walk away and call their bluff.

It is not unheard of to forfeit a month salary in leu of adequate notice, usually 3months notice. They are probably right if its stated in the condition of service.

It seems to me that you want to cheat the company. Think about it...your position will be vacant, it will abruptly affect their operations, especially when you did not give adequate notice for them to find a suitable replacement for your position.

Now, u got a juicy offer..., if its juicy enough and your new company desirously need your services, they should pay up for poaching. You have no case than to pay up, or give adequate notice before leaving. Just pay up if you can to free yourself from future encumbrances.

What do you understand by conflict of interests...as regard your condition of service?

Save urself the litigation stress and refund ur one month salary as it is a stardard in many organisations that u give a month notice b4 resignation or be ready to forfeit a month salary.
My own piece though

Have you been confirmed? It's always 6 months before you will be confirmed depending on the company policy.
If you have been confirmed you need not to repay.
Check your employee hand book

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..

It all depends on what is in the condition of service. Usually, many don't read through b4 accepting the offer. Also, you are free to make your own demands to be included in the conditions for record purposes.

In order to be successful employer, go through a civil service rules and regulations. Simple!

Wishing you all the best.

That is if he was given an appointment letter, so the question is poster were you given an appointment letter if yes please kindly return the money (quote author=MadCow1 post=59132779]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.[/quote]

Here is your answer...

Patented:
MyPrinceMeLuv the notice is dependent on the provisions of your contract/letter/ of employment. what do you terms of employment have to say regarding the notice?

In the absence of such spelt out terms , section 11 of the Labour act provides that a person who has been in employment for more than a year but less than 2 years is required to give only one weeks notice.

now pay for the advice.

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?
.

Its most likely in the firm's regulations of giving one month salary in lieu of notifying the a month or so ahead.

and the one month payment could be just one month BASIC SALARY

playcharles:

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

Employee has no choice please.

When new employer contacts the old one for reference for confirmation, what do you think the old employer will do?

So better find the money now, to avoid head ache later.

What does your contract states? If it says you should give them a month notice before quiting, then you should respect the contract. Simple as that. If you didn´t sign any contract, then you can ignore their threat and emplow a lawyer if they insist on going to court.

i believe though, that it is only an empty threat because the cost of engaging a lawyer and the court costs will end up being higher than your salary. And this will not be worth the trouble for them.

uju22:
That is if he was given an appointment letter, so the question is poster were you given an appointment letter if yes please kindly return the money

True...


I have a got feeling he was. Hope I am wrong for his sake.

Benita27:
Is it part of the company policy that you'd have to give them a month notice should incase you feel like resigning?. Were you told this before you took on the job?.

I wish I could correct you privately but there's no medium to do so; you can't you use both words concurrently, either one is correct. You can use 'should' or 'in case' in that sentence and you'll be fine. Shalom

decub:

It's a standard practice in structured organisations. It's also written in the appointment letter.

Then he should return the one month salary.

jerryunit48:
Eehnn you for inform dem before you go since you know say na the policy be dat , anyway try beg dem see how far you go

beg? Like say na salesboy work, it's the corporate world darling and strictly governed by set rules, he just has to refund or hear from the lawyers here if it can be tackled the legal way. No begging , no be Iya Basira buka be that

Yes ! you are to return One month salary. Going by your resumption since April 2016, your a confirmed staff of the organization and as such you are expected to give one moth notice of resignation or pay one month salary in lieu of your notice. which you did not do.

Go check your employment letter for Termination/resignation clause to know what your letter is saying this is the basis for prosecution.

Best practice is that you either give a month notice or pay one month salary in lieu of the notice.

Thanks.

Note: what you are expected to pay is One month basic salary.

Lucid1:


I wish I could correct you privately but there's no medium to do so; you can't you use both words concurrently, either one is correct. You can use 'should' or 'in case' in that sentence and you'll be fine. Shalom

Thanks, I modified.

That is all company policy for employees so you have to refund the money assuming u inform them early at least a month before the resignation latter u can take them to anywhere nothing we happen but because u did not you have to cos if they took legal action against you they will won the case , like my company now if you have not go for ur annual leave you can just use that period and resign and tender ur letter so u no its ur leave u use to forfeit the new offer. so please my brother dont let them spoil ur career kindly refund ur one month salary brother.

The policy is that you give a month notice prior to leaving the company by letter of resignation or you refund a month salary in lieu if you did not give a month notice.

I was in a similar scenerio, i was an intern with a firm for about 1yr and 3months, After probabtion of two months or so, They finally confirmed me,but two months after my confirmation I got another offer, a better one,In my appointment letter It was written boldly that i will have to forfeit one month salary if I didnt let the company know I was leaving in a month's time. So i had to refund the salary, though it took about a month. SO it all depends on what you accepted during your appointment ,if it wasnt wriiten that you should return one month salary if u didnt inform them ,then u dont owe them,but if otherwise please return the salary. It's like how immediately you got the salary you left there

The only money u are refunding is one month "basic salary"

Go through the breakdown of your pay package or payslip, it's there.

You may be earning 100k however your basic might be 20k or even less. That's what you will refund not the total 100k

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?
.

Check if there is any portion of your contract that specifically talk about terms of exiting the contract or the company.

I have worked where you can leave anytime you want, you can leave by giving 3months notice and you can leave by giving 1month notice in that order.

Most times, the contract may specify employer's exit terms like should employer not require your services anymore, this contract shall be null from the date u receive notice of termination with or without compensation depending on what is written there.
Then the same contract will now mention employees terms of exit, some can even say 2/3years of dedicated work n u can choose to leave or some would say 3months exit notice must be provided to the company or employer.

So read your contract very well. And if there is no terms of exit written on the contract, you are 1 step there. Then look for Nigerian labour lawyer to explain Nigerian labour exit terms to you. If he/she can prove to you after seeing no terms of exit on your contract, then you can go without looking back. But if you have a good heart and would own a company one day, find them a replacement and pay them the 1month salary refund.

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?
.