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I got fired before I was hired!!! Please help!

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  1. #11

    Join Date
    Oct 2006
    Location
    Hong Kong
    Posts
    15,557

    Man, they really fcuked you up and telling you you have to sort it out by Monday is an even bigger joke.

    The fact that you self declared in writing is good though. Have they given as to why the background check wasn't satisfactory to the company, or was it because of your self declared disciplinary action?

    I wish you could name and shame the company, but probably not a good idea, as this would prejudice any action you may have against them.

    I think in this case the best thing you can do is try and negotiate a settlement with them that covers the cost of your family relocating.

    I would definitely seek the advice of an employment lawyer though. Tanner De Witt are a solid outfit. However if you do want the name of another law firm, can you PM me.

    ryan_w and taz1021 like this.

  2. #12

    Join Date
    Feb 2009
    Posts
    8,279

    I'm just curious, isn't the background check normally done BEFORE the offer is made?

    ryan_w likes this.

  3. #13
    tabletop

    Be careful what you sign next time I learned the hard way too. Signed a contract with a local company for 2 years because the pay was satisfactory and the interviewers and the boss seemed really nice. Two weeks later I got fired(wtf?) and to top that they reminded me that I can not work in the same type of business in HK for 1 whole year now because it's in a contract. And the reason for firing me was unclear too, it said "performance didn't meet expectations" and when I asked what was wrong exactly no one knew and the supervisor told me to ask the boss but I couldn't even get in to see the boss.

    To be honest, HK has big problems with labor/career law. Workers don't have any protection here and they allow companies construct ridiculous employment contracts with ridiculous terms.


  4. #14

    Join Date
    Jul 2014
    Posts
    25
    Quote Originally Posted by tabletop:
    Be careful what you sign next time I learned the hard way too. Signed a contract with a local company for 2 years because the pay was satisfactory and the interviewers and the boss seemed really nice. Two weeks later I got fired(wtf?) and to top that they reminded me that I can not work in the same type of business in HK for 1 whole year now because it's in a contract. And the reason for firing me was unclear too, it said "performance didn't meet expectations" and when I asked what was wrong exactly no one knew and the supervisor told me to ask the boss but I couldn't even get in to see the boss.

    To be honest, HK has big problems with labor/career law. Workers don't have any protection here and they allow companies construct ridiculous employment contracts with ridiculous terms.
    While I feel bad for the OP & tabletop with regards to being screwed out of their jobs due to their employers change of mind (with their employers citing other reasons) back here in Australia it's too far in the opposite direction. Employee's rights far outweigh the employers rights and it is extremely difficult to get rid of anyone. E.g. if someone wanted to fire an incompetent employee then there must be verbal warnings (recorded in a diary or similar), written warnings and retraining offered so that the employee has a chance to correct their behaviour. While I agree that employees should feel safe in knowing that they can't be fired on the spot for minor issues there needs to be a middle ground.
    Good luck to the OP in his difficult situation. Sorry I can't offer any advice.
    100LL likes this.

  5. #15

    Join Date
    Oct 2012
    Posts
    93

    so what happen?


  6. #16

    Join Date
    Feb 2005
    Posts
    440
    Quote Originally Posted by tabletop:
    Be careful what you sign next time I learned the hard way too. Signed a contract with a local company for 2 years because the pay was satisfactory and the interviewers and the boss seemed really nice. Two weeks later I got fired(wtf?) and to top that they reminded me that I can not work in the same type of business in HK for 1 whole year now because it's in a contract. And the reason for firing me was unclear too, it said "performance didn't meet expectations" and when I asked what was wrong exactly no one knew and the supervisor told me to ask the boss but I couldn't even get in to see the boss.

    To be honest, HK has big problems with labor/career law. Workers don't have any protection here and they allow companies construct ridiculous employment contracts with ridiculous terms.
    Unless they pay you for 12 months the non compete is not worth the paper its printed on. I have an employment lawyer contact if you want to pursue it. Pm me for details.

  7. #17

    Join Date
    Jan 2004
    Location
    Discovery Bay
    Posts
    5,018

    Assume you would have had to leave your previous employment too. Personally speaking (I am not a lawyer), surely that is grounds for compensation, on top of covering relocation costs, as that is more than just an inconvenience to you?


  8. #18

    Join Date
    Sep 2014
    Posts
    108

    Sad to hear what happened. HK employment law is very pro employer, but that does not mean they can scam you. Presumably they also had a clause to terminate you on probation (or at will in any case?) but if they had a probation period (say 3months) I would ask them to pay and settle for the bonus, plus the 3 months probation. Also send them a huge list of all your other expenses as that will help your negotiation position.

    HK has lots of jobs though. Can you find another one now?


  9. #19

    Join Date
    Oct 2010
    Posts
    8

    What a horrible experience! Am curious to know what type of company pulled this stunt. I am planning to sign a new contract and resign from my current position this week (going from one bank to another bank...a large bank wouldn't do something like this, right?). Are there steps that one can take to make sure that an offer is solid? I could ask that they first complete the background check, but this might cause delays and make me appear unreliable.


  10. #20

    Join Date
    Oct 2005
    Posts
    14,414

    Terr

    I would never resign from one firm to another without a firm offer in writing.