Any lawyers here? Need help

[mummy1234]

I signed a salaried partnership contract but I want to resign during my probation of 3 months.
I only worked one week. Termination clause says written notice of 3 months or liquadated damages in lieu of notice.
Can I resign without notice for medical reasons? Have some post traimatic stress symptoms working there. I am unable to serve 3 months notice because of this.
Can they waive the liquadated damage for my resigning without notice?

 

[ELKYme]

Don’t think that consulting a lawyer before exploring other options first is a good idea.
So what if a lawyer here tells you that you have a strong case? Are u willing to spend on legal fees should your employer really sue you for liquidated damages?

Having symptoms isn’t conclusive, perhaps you may want to get a confirmation that you indeed suffer from post-traumatic stress disorder (cannot ownself check ownself)

You can get yourself diagnosed here:
https://www.nimh.nih.gov/health/topics/post-traumatic-stress-disorder-ptsd/index.shtml

I’m sure your employer will approve immediate resignation without the need for any liquidated damages once you produce the confirmation report.

Good luck.

 

[Toni90]

I signed a salaried partnership contract but I want to resign during my probation of 3 months.
I only worked one week. Termination clause says written notice of 3 months or liquadated damages in lieu of notice.
Can I resign without notice for medical reasons? Have some post traimatic stress symptoms working there. I am unable to serve 3 months notice because of this.
Can they waive the liquadated damage for my resigning without notice?

U give 3 months notice then check in IMH can already loh. See they dare to call u back to work or not.

 

[mummy1234]

U give 3 months notice then check in IMH can already loh. See they dare to call u back to work or not.

I quit without notice cause working there gives me PTSD. Is that an acceptable reason? Will they still seek 3 months liquadated damage when I only worked there for 1 week?

 

[limster]

I quit without notice cause working there gives me PTSD. Is that an acceptable reason? Will they still seek 3 months liquadated damage when I only worked there for 1 week?

doesn't DSM-5 only allow diagnosis for PTSD if symptoms persist for 1 mth?

 

[TabascoSauce]

I quit without notice cause working there gives me PTSD. Is that an acceptable reason? Will they still seek 3 months liquadated damage when I only worked there for 1 week?

your ptsd diagnosed by who? ownself diagnosed ownself or real one?

 

[Linguist]

I quit without notice cause working there gives me PTSD. Is that an acceptable reason? Will they still seek 3 months liquadated damage when I only worked there for 1 week?

You signed on the dotted line. The contract is in force between the company and you.
Thus the company has the rights to ask you pay the liquidated damages/penalties as per stated in the contract.

+ You should have known your job scope well enough before you signed? So should be prepared for the stress level foreseen?

Why not just give the company notice that you want to quit, and work for the required duration stated in contract by providing the "minimum" service.
(TS is in the medical/medicine industry if I recalled correctly....)

 

[mummy1234]

You signed on the dotted line. The contract is in force between the company and you.
Thus the company has the rights to ask you pay the liquidated damages/penalties as per stated in the contract.

+ You should have known your job scope well enough before you signed? So should be prepared for the stress level foreseen?

Why not just give the company notice that you want to quit, and work for the required duration stated in contract by providing the "minimum" service.
(TS is in the medical/medicine industry if I recalled correctly....)

They told me very relaxed and few pt but it was not true. If I continue working there, I will really get PTSD. I am having flashbacks of something traumatic that happened in the past. I cannot serve the 3 month's notice because of PTSD. Will see a psychiatrist tomorrow for help.

 

[henrylbh]

U give 3 months notice then check in IMH can already loh. See they dare to call u back to work or not.

 

[mummy1234]

I try to ask them what 3 months liquadated damage they want when I only worked 1 week in probation. They can easily find locums to replace me. So there is no loss to them actually.

 

[mummy1234]

Don't simply go IMH. The patients there can be scary. Locked up in prison cells. Heard 1 patient murdered a healthcare worker there before.

 

[Linguist]

They told me very relaxed and few pt but it was not true. If I continue working there, I will really get PTSD. I am having flashbacks of something traumatic that happened in the past. I cannot serve the 3 month's notice because of PTSD. Will see a psychiatrist tomorrow for help.

To be honest, under contract law I don't think you have a case.

The only way perhaps is you can sue the company for causing you to have PTSD (but then again, you had only worked with the company for 1 week, and you mentioned "flashbacks" of traumatic events in the past, so obviously this was not the job for you yet you signed the contract. What prompted you to sign, the monetary benefits, etc will be questioned.

+ your previous traumatic events may be questioned and asked to be told in details during your legal pursue too, and if these info have been requested by the current employer but you did not tell them, which if they have known about it they will not have then offered you the contract, etc)...

However I'm not a lawyer, so best for you to seek legal advice from one.

Do try speak with the company directly after your consult with the psychiatrist tomorrow, to see if you can quit amicably or not...

 

[Linguist]

I try to ask them what 3 months liquadated damage they want when I only worked 1 week in probation. They can easily find locums to replace me. So there is no loss to them actually.

if they really don't want to settle it with you amicably, just don't perform the job lor. Report to work everyday but sit one corner and relax. Wait for them to 'sack' you instead.

Company can release you from probation anytime, unless it's stated in contract they have to give you written notice. But usually don't have one.

 

[mummy1234]

if they really don't want to settle it with you amicably, just don't perform the job lor. Report to work everyday but sit one corner and relax. Wait for them to 'sack' you instead.

Company can release you from probation anytime, unless it's stated in contract they have to give you written notice. But usually don't have one.

I verbally and whatsapp them that I want to quit from today onwards. He say I breach contract and want to seek legal advice. They say I quit without notice then I offered to serve out the 3 month notice but they don't want.

 

[Linguist]

I verbally and whatsapp them that I want to quit from today onwards. He say I breach contract and want to seek legal advice.

Yes. It's a breach of contract if you disappear from work or quit without giving the required notice.

You can 'perform' what I stated above. Report work and do nothing. You will have a 'stain' about getting sacked from probation but I think it should be not a big issue for your next job hunt since you mention this place is giving you PSTD.

 

[mummy1234]

Yes. It's a breach of contract if you disappear from work or quit without giving the required notice.

You can 'perform' what I stated above. Report work and do nothing. You will have a 'stain' about getting sacked from probation but I think it should be not a big issue for your next job hunt since you mention this place is giving you PSTD.

I asked for MC and contract says no MC but also says in case of illness, I can be excused from work.

 

[Linguist]

I verbally and whatsapp them that I want to quit from today onwards. He say I breach contract and want to seek legal advice. They say I quit without notice then I offered to serve out the 3 month notice but they don't want.

What do you mean by "serve out" the 3 months.

You just throw the resignation letter to inform them u are leaving, given 3 months notice. Verbally tell them you will report to work daily without fail. If they want to you leave early, ask them sack you.

By right they still have to pay you for the days you reported to work though.

 

[Linguist]

I asked for MC and contract says no MC but also says in case of illness, I can be excused from work.

simple case, means the days you not working (due illness), u get no pay.

so for the days you been missing from work, tell them it's due to fever/illness and since they don't accept MC, you did not get MC from doctor those days lor.

1. Just throw letter and give them the 3 months notice they want.
2. Report work daily but don't perform.
3. Wait for the 3 months to end, get your pay. Or till they cannot tahan you sack you from probation instead (still got to pay you for the days u report to work, else you can sue them).

 

[mummy1234]

What do you mean by "serve out" the 3 months.

You just throw the resignation letter to inform them u are leaving, given 3 months notice. Verbally tell them you will report to work daily without fail. If they want to you leave early, ask them sack you.

By right they still have to pay you for the days you reported to work though.

I think it is only fair that they pay me my 1 week salary and let me quit without notice on medical grounds.

 

[Linguist]

I think it is only fair that they pay me my 1 week salary and let me quit without notice on medical grounds.

I don't think your "medical grounds" work in such case. Cuz they pay they offer you should be high which you won't be covered under MOM employment acts or etc....

It's either you can't tahan them, pay the 3 months LD, or they can't tahan you, ask you leave immediately and pay you the days you had worked.

Have resignation letter signed, scanned, attached and inform them through email.
Print out the email so you have written proof that you informed the company on your wishes to leave after giving 3 months notice.

Verbally and through whatsapp may not work since it's not 'official' method.