A friend of mine is trying to leave his current job to accept employment at a large international organization.
The bu-xi-ban is holding firm to the contract and refusing to let him go. They will not accept the financial penalty agreed to in their contract, and have even gone so far as to contact said international organization and threatening them.
Given my friend has no history with the new people, they are getting nervous (the director said as much to him - my friend - in a phone call today) and are meeting to discuss whether or not to go through with the hiring.
So, my question here is does he have legal recourse to stop his current employers from contacting the new ones given the dispute has not yet been arbitrated or settled?
Also, if a contract stipulates conditions for breaking it, which the leaver offers to fulfill, and the current employer will not honor them - to the extent of souring his new emplyment possibilities, what, if any legal recourse does he have?
a concerned rooftop
I don’t get it. Why doesn’t he simply walk out. If he’s willing to pay for the breach of contract, that’s that, isn’t it? What are they going to do? Chain him up till his contract is complete?
If the contract with the buxiban provides conditions for terminating the contract prior to the stated expiration date, then the parties to the contract are obliged to honor and adhere to those conditions.
If the buxiban refuses to honor and adhere to the terms of the contract regarding early termination, and goes so far as to contact the other company, it may be that the party terminating the contract can assert a claim of tortious interference with contract (with the new company).
Any other lawyers want to comment. This really isn’t my field.
I am not certain re this, but it is worth looking into (and perhaps mentioning to the buxiban).
It sounds like this guy needs to take legal action to stop the interference right away. He really needs to hire a Taiwanese lawyer who will know exactly what can and should be done. I’m afraid that his present employer will be able to finish screwing his prospects with his new employer long before the he can get anything done through the legal system.
It does seem ridiculous doesn’t it?
He’s offered to pay the amount stipulated as breaking the contract fee and the boss told him that because he is popular it will hurt her business. Then she bought him wine to settle things (!?). Now she says if he leaves mid-term it makes her business look bad.
The problem is not her, he can just leave. The problem is the phone calls to the new employer that have them spooked and now they are re-considering his hiring completely.
Good advice about the Taiwanese lawyer.
Any ideas of where an English speaking lawyer might be found in Taipei who knows labor law?
Thanks guys.
[quote]He’s offered to pay the amount stipulated as breaking the contract fee and the boss told him that because he is popular it will hurt her business. Then she bought him wine to settle things (!?). Now she says if he leaves mid-term it makes her business look bad.
[/quote]
What I would say in those circumstances is: “It’ll make your business look bad? Look, you stupid cow, you keep phoning my new boss with your lies and bullshit and I WILL continue to work for you, and THEN you’ll REALLY see how bad your business can be. I brought those pupils in here. How quickly d’you think I could get them to quit if I really put my mind to it?”
Thanks very much!
I’ll pass on the information.
Pass a list around the class for all the students who love him to write their names and contact details.
Then show a copy to the boss and explain that if she doesn’t pay him to go away, and call the other company to apologise and give him a glowing reference, and never ever do anything to piss him off again, then he will go the nearest and biggest competitor with his list.
You want me to care about your business? You cut me in for a big enough slice that it’s in my best interest to stay. You don’t want to play fair with me? Then I don’t give a shit about your business.
Also threaten to post her name and details here and at tealit - who have a habit of banning advertisers that fuck people over too much. Make it clear that without a job to go to you will have nothing better to do all day than hang around outside accosting students, parents, and any potential new hire to tell them what a shit she is.
And of course do it in the nicest possible way.
Bear in mind that she’s aware she has created bad feeling, and will be only too glad to get rid of him as soon as she has found a replacement. She’s not trying to keep him there forever, just until she can say “Oh, are you still here? This is your replacement. Now where’s the money you owe me?”
I cannot imagine any responsible legal system on the face of the earth insisting upon specific performance of obligations in a contract regarding the performance of services by an individual.
That said, the company clearly does not give a shit about the law and just wants to hassle your friend – and your friend cannot be caught in the position of being legally right but out of work by missing the boat with the new multinational employer. Stragbasher is probably right in that the answer is going to have to appeal to the meanest hardball business interests of the buxiban owner. However, a lawyer should be able to communicate very forcefully to the buxiban the sort of legal damages, etc. they are opening themselves up to by falsely smearing crap on this guy.
It will also likely take some very careful communication with the new employers – they need to be assured that your friend is taking care of this on his own and that he will do his best to insulate them from his crazy past employers. Given that sort of assurance, most new employers will at least make a good-faith effort to be patient re: whatever aberrant contacts they get from the past employers.
Exactly. It’s about time for the ‘How to write your address and phone number’ lesson.
Brian
The new company called in their own (international) lawyers and are backing my friend and hiring him!
Thanks for all of your input and help!
It is not unusual of course for reputable companies to buy new hires out of their old contracts. Your friend should not be out any money.
An excellent result.
An excellent result … and very nice of the new company.