Previous Company Sued Me To Court After I Got Another Job With A Company. - Jobs/Vacancies (5) - Nairaland
Nairaland Forum › Nairaland General › Jobs/Vacancies › Previous Company Sued Me To Court After I Got Another Job With A Company. (24408 Views)
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by drsibz66(m): 4:55pm On Jan 27, 2023 |
icedbreez: |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by drsibz66(m): 4:57pm On Jan 27, 2023*. Modified: 5:14pm On Jan 27, 2023 |
icedbreez:The issue is you are into hasty generalisation and quite myopic ( sorry no insults). You can work in two or 3 places fact. You can be a consultant to 2 or more companies can't you? You can be a doctor , nurse for 2 or more hospitals can't you? You can be an engineer , a lawyer for 2 or more companies can't you? And how do you get salary or wages from a company when you don't work . Not benefit. Know this not all jobs require you sitting at a duty station ok. And not all jobs requires you to be under a line manager. Now let me tell you about Nigeria business and international labour law. No body , group of persons , employer, company can ever make u not work for a rival after resignation, even if you signed that document it's non and void. Note I said after resignation or termination except there is an extra clause that says the company will be paying you a specific amount or percentage of your income to stop you from working for a rival. FACT. And this is logical cos if you have only one skill, how do you fend for you self after retirement or termination from a company. . Does that mean you become useless for another 3yrs because you worked for a company. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by mikeuz(m): 5:00pm On Jan 27, 2023 |
drsibz66:He breached his agreement. And yes companies can do this. Because of the sensitive nature of the position. Also he signed a NON COMPETITION agreement. Incase you are thinking its not spelt out after resigning. Then you need to know the meaning of NON- Competition agreement. Non competition agreements are always after resignation. There is another agreement that takes care of your number 3 points not non competition. The only case i think he has here is that, some states or countries don’t enforce the non competition agreement, and since its Nigeria and this might not be clear in state laws, he can argue his case, so can the company too. Another thing he has on his side is that 3years is too much, usually 0.6- 1year is enough. They don’t expect him to be out of work for 3years. Again if the company can prove that 3 years is rightfully necessary, and it will cost them money or give unfair advantage to the other company, then the guy done enter one chance with a complicated case on his hands. He needs a really good lawyer. And of cos his current employers won’t want to let him go because they like his skills and knowledge. Some of which are most likely transferrable from his previous place. But can’t pay a lawyer? Laughable. They will probably milkwhat they can and leave him on a short run. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by stuffs2002: 5:04pm On Jan 27, 2023 |
Jogs1900:The case is already in court |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by MrMcJay(m): 5:05pm On Jan 27, 2023 |
Othniel4mi:What I mean is that were they deducting HMO and Income Tax from your monthly salary? If they deducted, were they remitting HMO to your Pension account and taxes to the Tax authority? I shared my experience some years ago. You will see why I'm asking you those questions. MrMcJay: |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by MrMcJay(m): 5:07pm On Jan 27, 2023 |
stuffs2002:Doesn't matter. The matter in court is civil, we will use criminal angle to teach them a bitter lesson. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by LaIabobo: 5:08pm On Jan 27, 2023*. Modified: 7:18pm On Jan 27, 2023 |
Othniel4mi:They don't have a case at all. Just get a lawyer to respond to them and counter sue. You can even file for damages too. There's no way a Lebanese firm won't break at least 5 Nigerian labour laws. Pension, NHF, PAYE, etc. They'll land in big soup. They are mad. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by drsibz66(m): 5:11pm On Jan 27, 2023 |
icedbreez:Let me tell you one last thing. In the court of law you don't assume. It's what is started in the document that holds. If you want to assume that the 3 yes is after resignation, the defendant can also assume its 3yrs of working with them. . Bro its not stated its not stated. Its an ambiguous statement and won't hold. Moreover its even against the labour law. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by dannex4adx(m): 5:13pm On Jan 27, 2023 |
Othniel4mi:If you are in Lagos, go to human rights and table your case there or go to the Lagos judge court that we normally see on Facebook. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Nobody: 5:18pm On Jan 27, 2023 |
Othniel4mi:Find a lawyer to sue the company for any damage you think this case have caused you for 100 billion naira and see them settle out of court. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Onarabu: 5:20pm On Jan 27, 2023 |
GboyegaD:Its obvious Op didn't read that part very well, he got another job after 7months not up to 3 years he signed for and the said job also falls within the non competitive clause he earlier signed |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by stuffs2002: 5:21pm On Jan 27, 2023 |
MrMcJay:I do feel the fellow because some wicked employers want to destroy any employee that dares to leave them |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Boykevwe81(m): 5:22pm On Jan 27, 2023 |
SultanOfPuna:benin boys analysis |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by drsibz66(m): 5:23pm On Jan 27, 2023 |
mikeuz:Pls don't argue what you don't know. The Labour law or competitive labour ONLY EXIST BETWEEN AN EMPLOYEE AND EMPLOYER AND NOT AN EX EMPLOYEE AND EMPLOYEE. NOTE THIS IS DIFFERENT FROM CONFIDENTIALITY ISSUES. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by viodemus: 5:24pm On Jan 27, 2023 |
I think you stand on your rights in this situation. The company didn't cover their grounds, and there were not running a business but a slave camp. At this point, you can even open the same business next door if you wish. I thank God for giving me the opportunity to know America as an employee and as an employer. I learnt alot. Any thinkable dot is assessed and covered if need be. This is also a lesson to employers. Treat people with respect and have conscience. I also thank God for the people that work in my businesses, Depending on the business, I don't go profit crazy just for me, I give bonuses all the time, I just did one sign off before I saw this post, I gave approval for four trips --- two nigerians, one SA, and one kenyan, these are new staffs that started about 2years ago. The crazy thing is that the sA staff wish is to come to Nigeria for 2 weeks, Lagos, Abuja, and calabar is high on her list. The kenyan guy chose to go to SA. The Nigerian lady chose America, and the guy is headed to France. The other people make money and some have had an opportunity to travel to any place of their choice with hotel stay and money for fun or for keeps. I also encourage them to grow and improve in the trade. I appreciate them, and they also know I respect their opinions, I don't just fire anyone like that, I like to have multiple diplomatic talk with any slacker in the business. Many have the chance to leave, but they like it here. I thank God for them. This Christmas, they bought me cars that I don't need --- I donated the two cars with other personal contributions from me, to motherless baby organizations, they also give me customized things, etc The longer staffs even buy stuffs for my parents --- which I don't condone, especially big gifts. I try to make sure they are happy like me, nothing is enough, but they know I try to respectfully do right by them, and see improvements. Am not about see me your boss or whatever, I be g like them, we work diligently, and sometimes have fun that would etch in our memories. When you own McDonald's, or other franchises, the business is different. Your impact to the employees are limited kind of, so I do things like early pay increase, and just any benefits that I can include. That resulted in them raising the location level, the McDonalds in Seattle and Iowa, have a good city and state inspection record on hygiene, and really few customer complaints on day to day operations. It is a stepping stone job, so I do have people leaving for their other careers but many personally vouch for that location, and encourage their friends to apply. I don't make much decisions on those businesses, it basically runs itself, and it is 247 operations. I can watch the day to day operations from Nigeria or wherever if the need be. I thank God for all my working partners. @op, keep moving to greater heights, they have no case. They should have treated you better. Hopefully, they and even you, learn from this experience. We are all a working progress until we kpai. Good luck in your future endeavors. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by donproject2(m): 5:26pm On Jan 27, 2023 |
Toay:If the clause was contained in the employment letter, and he read and accepted the offer, no court, even the supreme court can negate what was written in the offer letter. The only escape route he has is if the clause is not exclusively stated. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Nobody: 5:33pm On Jan 27, 2023 |
Doubleoh7:I think op will win this case Cus you terminated my job and you expect me not to work in the field I have knowledge or I specialize in.. you studied for years to graduate, na one company go determine who or where you worked for, I don't think it's right irrespective of whether you signed or not, everyone knows how hard it is to get a job in this country, you even terminated his job and expect him to go become a dishwasher for 3yrs or be something he isn't familiar with If I be judge, na to knack the foreigners penalty,to threaten me in my country... abeg if Sango fit sort am, gake them to the spiritual court Court!!!!! |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Zer8: 5:43pm On Jan 27, 2023 |
Othniel4mi:https://www.harlemsolicitors.com/2021/08/28/legal-implication-of-non-compete-clause-in-employment-contracts-in-nigeria/ |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Zer8: 5:48pm On Jan 27, 2023 |
Zer8:If you really well, the contract is not valid, the law says 2 years according to section 59 of FCCPA 2019. The court have given verdit verdit that it's inhuman and void If it's more than 2 years in fyour own case it was 3 years. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Zer8: 5:51pm On Jan 27, 2023 |
https://www.harlemsolicitors.com/2021/08/28/legal-implication-of-non-compete-clause-in-employment-contracts-in-nigeria/ Please read this write up. It will put your mind at rest. The contract is null and void. Such has been determined by court that when it's more than 2 years, it's inhuman and slavery. FCCPA stated it clearly |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by alizma: 5:53pm On Jan 27, 2023 |
If only you are able to get a good lawyer, then you are about to become reach man provided your former company is now rich. I see where they wrote bonus as performance sharing base, that means you can be claim some share of the company provided the company has done well over the years and no compensation has been paid to you in those years |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Doubleoh7: 5:55pm On Jan 27, 2023 |
Aguogba:Like I said, it's left for the courts to interpret if that thing is enforceable or not. If it is unenforceable, they'll throw it out |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by alizma: 5:55pm On Jan 27, 2023 |
Othniel4mi:Sue that company in another court, ask for 20% of the company's share, it is stated in one of the documents that your bonus is performance base. Go and read about performance base bonus then you will understand me better, call your lawyers attention to that bonus and let him tell you your chances if you decide to sue the company. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Doubleoh7: 5:59pm On Jan 27, 2023 |
acewines:Like I said, the courts might declare that as unenforceable. For me, I'll advise him to meet them at the courts with his legal team. The case might even drag on for years, I think the previous employers just want to scare him and his current employers |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Othniel4mi(op): 6:02pm On Jan 27, 2023 |
viodemus: |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Othniel4mi(op): 6:04pm On Jan 27, 2023 |
alizma:Yes they didn't pay and I wrote it in my resignation letter as well. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Jogs1900: 6:07pm On Jan 27, 2023 |
stuffs2002:Very good.. Exploit these too..When they see you have upper hand, they will be forced to settle out of court with you. Non remmittance of tax and pension is a big offence.Put them in more trouble.Consult a lawyer and he or she will advise you on what to do.They want to take you for granted.There are so many loopholes a good lawyer can explore in that offer letter... |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by wirinet(m): 6:08pm On Jan 27, 2023 |
MrMcJay: LaIabobo:Gbam. Your own case is a civil matter. Take them to a criminal court. As they say, attack is the best gorm of defense. Since you are a pioneering staff of the company, I am sure you know all their secrets. From immigration to tax violations. Do they deduct and pay VAT on all their transactions? Do the Lebanese and his family members have valid work permit? Are they complaint with environmental, health, safety, fire, etc regulations and laws? I am sure you will find something to nail them. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by obyrich(m): 6:14pm On Jan 27, 2023 |
Doubleoh7:There is a flaw in the wording of the paragraph which the OPs lawyer can use to argue his case. 'Within a period of 3 years' .... Before, during or after disengagement with the company? Obviously OP can claim that it means the period of 3 years counts from the date of his engagement in 2018. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Jogs1900: 6:14pm On Jan 27, 2023 |
LaIabobo:Especially pension and payee..Good thing is they are in Lagos..Lagos state government go handle them well. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Othniel4mi(op): 6:14pm On Jan 27, 2023 |
wirinet:They didn't deduct any money from my salary. Always pay full salary at the end of the month. They might have been paying tax after I left. As at Then, they were not paying. |
| Re: Previous Company Sued Me To Court After I Got Another Job With A Company. by Othniel4mi(op): 6:17pm On Jan 27, 2023 |
Jogs1900:. I didn't receive any pension from them. They didn't open account for me. I remember i ask the HR he said pension is only for few set of people that not for me. Mine is to be paying me full salary. They were not deducting pension from my salary. |
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