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Getting Fired

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  1. #1

    Getting Fired

    I am the point of leaving Hong Kong and this long notice period is really killing me on my contract which is 6months btw. I don't want to sound like a big ****hole but can you technically get sued for goofing around and not working in the work place ? I mean sure the employee does not really have to pay my wages, but will I get sued for like not working, constantly coming late not showing up to work etc ... ? I do not know the exact idea behind this. I legitt just want them to fire me as soon as possible so I can get out.


  2. #2

    Join Date
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    You will be fired for gross misconduct and possibly not be paid. If the company wants to be an asshole they may try to sue you for one thing or another but the only thing that would stand up in court would be if your gross negligence led to loss e.g losing clients, damage to property etc.

    The result of getting fired will likely destroy your career in your current industry in Hong Kong (it's a small place, everyone knows each other) and will make it harder to find a new job wherever you end up going because you will not get a reference.

    I don't know why you chose to work for a company who you have raised an employment tribunal against previously and, similarly, I don't understand why they hired you again. Something doesn't really add up.

    Your best bet is to give one months' notice, leave and not work for the company again.


  3. #3

    Like im in the teaching sector but can they really sue me for me teaching badly and losing students ? Or not showing up for the classes ?


  4. #4

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    Quote Originally Posted by HumphreyResort:
    Like im in the teaching sector but can they really sue me for me teaching badly and losing students ? Or not showing up for the classes ?
    If they claim you are deliberately damaging their company, yes.

    Just give one month notice and leave. The worst they will do is not pay you for your last month of service or quit immediately and don't serve notice - you don't seem to care about the damage you are doing to your own career anyway so there's little point in serving your full notice period.
    shri likes this.

  5. #5

    So technically I should just resign and serve the notice period ? Last time they sued me they filed 6 months of wages but the court said 1 month to 6 month was not fair so I only had to pay them 1 month of wages. So would that technically mean I only need to serve 1 month of notice? I just don't want to go to court again.


  6. #6

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    Quote Originally Posted by HumphreyResort:
    So technically I should just resign and serve the notice period ? Last time they sued me they filed 6 months of wages but the court said 1 month to 6 month was not fair so I only had to pay them 1 month of wages. So would that technically mean I only need to serve 1 month of notice?
    Since you've already made the same mistake with the same company before, the court may be less likely to rule in your favour the second time. But I doubt you will have to pay back more than a month of salary.

  7. #7

    Please do not do any knee jerk reaction that will affect your future. If they are nasty employers, they can accuse you of many things, theft etc. just to make it miserable for you.

    Take a deep breath. This will pass.

    1. First, take sick leave. You are entitled to sick leave.


    2. Go get the free lawyer lawyer advice which I sent in your other link. This will make you feel much better and in control.

    3. Go to the labour department. They will help you for free.

    You are not alone. You have free resources, and labour department will support you.
    You have survived so long which a lot of us geoxpaters would have left a long time ago.
    You are stronger than you think. You can do this.
    You deserve to work for an employer who will respect you and treat you well.

    This moment will pass. You will get through this.
    I have given you the plan above. Now see what the professionals say. The problem is if you leave within 6 months, they may sue you for the 6 months of salary. ( I don't know your contract so you need to see the lawyer - which is free).

    But if you suffer from mental stress from sick leave, you can't really work, can you.

    Please get a good nights sleep, use geoexpat as a sounding board, do you have any friends who can help you?

    This moment will pass. You will get through this. You are stronger than you think.


  8. #8

    So what is the best choice here honestly I do not know, I am not planning to just walk away as it will cause problems. But i don know how I can prevent them from seeing me, I mean I can tell them I will serve the notice period and all. Guess coming back to HK I should have thought about it a little more.


  9. #9

    Please do not do anything silly like being late, bad teaching, that is sabotage and they will go after you for lost profit.

    They are behaving badly to you. You do not need to do the same. As I said please go to get your free lawyer advice.

    https://lawdirectory.hklawsoc.org.hk...l-Consultation

    tf19 likes this.

  10. #10

    Or you might have a family member ill overseas and take annual leave ...... and reflect .....but remember you also need to sort out your taxes before leaving ...


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