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Thread: Legal Advice

  1. #1
    Junior

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    If an employee had borrowed money from his employer to purchase a car (interest free) about 2 yrs back but later the company terminated him because the company feels that he is unfit to work anymore and compensated him with a lump sum of money. After offsetting this compensation amount, he still owes the company's only around $5k but from the way this employee puts it, it seems that he is very unwilling to pay back and keep on demanding more and more.

    At first, the company wants to pay him 6 months, then later add another 2 months if he pays his car loan within 3 weeks, but he requests for another 1 month, so the company obliged him, now he wants the company to reduce his outstanding car loan further so that he will pay lesser and wants to issue 10 monthly instalments cheques but the company allows him 4 monthly instalments only.

    He claims that he has no money because he runs out of job. He needs to borrow money from the loan shark and from friends (but nobody wants to lent him) and he even threatened the boss that is it that he wants to force him to commit suicide.

    He just got his CPF last year, his deceased mother left him a HDB and some shares and from what I understand he had also sold the HDB. He just went to "Jiuzhago", Bangkok and Genting last year with his wife and he also told one of his colleagues that even if he didn't work, his wife also can support him. Oh yes, his wife is the secretary of the lawyer.

    The boss told him that you can always sell your car and pay your car loan and you still have balance left because of the appreciation of the car value. He claimed that nobody wants to buy his car, so the boss said that I will buy over from you at market price + $2K. Then he said lets not talk about the car first, talk about the compensation. Alamat, he borrows money to buy car and he doesn't want to talk about the car.

    In this type of case, can the company sue him for the outstanding car loan and withdraw all the compensation that the company has promised him and only pay him what he is entitled to because of his greed? Is it worth to take up a case?

  2. #2
    hiyo all

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    Your story is very confusing. I got totally lost somewhere in the middle and a big headache in the end. Think I'll go take a nap
    hungry eat sleepy sleep

  3. #3
    Newbie

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    Easy, fall back on the contract you sign with the employee. I believe the contract is comprehensive enough to cover such a scenario. If the contract is lousily drafted, then the employer can only suck thumb and treat this as an expensive lesson.
    [URL="http://atreasuretrove.freeforums.org/"]http://atreasuretrove.freeforums.org/[/URL]

  4. #4
    Junior

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    Quote Originally Posted by acidic.straw
    Your story is very confusing. I got totally lost somewhere in the middle and a big headache in the end. Think I'll go take a nap
    I'll attempt to minimise the confusion.

    Quote Originally Posted by irisng
    [B][SIZE=3][COLOR=black]If an employee had borrowed money from his employer to purchase a car[/COLOR][/SIZE][/B] [SIZE=1](interest free) about 2 yrs back [B][SIZE=3][COLOR=black]but later[/COLOR][/SIZE][/B] the company[/SIZE][SIZE=3][COLOR=black] [B]terminated him[/B][/COLOR][/SIZE] [SIZE=1]because the company feels that he is unfit to work anymore and compensated him with a lump sum of money. After offsetting this compensation amount, he still owes the company's only around $5k but from the way this employee puts it, it seems that he is very unwilling to pay back and keep on demanding more and more. [/SIZE][SIZE=1]At first, the company wants to pay him 6 months, then later add another 2 months if he pays his car loan within 3 weeks, but he requests for another 1 month, so the company obliged him, now he wants the company to reduce his outstanding car loan further so that he will pay lesser and wants to issue 10 monthly instalments cheques but the company allows him 4 monthly instalments only.[/SIZE][SIZE=1]He claims that he has no money because he runs out of job. He needs to borrow money from the loan shark and from friends (but nobody wants to lent him) and he even threatened the boss that is it that he wants to force him to commit suicide. [/SIZE][SIZE=1]He just got his CPF last year, his deceased mother left him a HDB and some shares and from what I understand he had also sold the HDB. He just went to "Jiuzhago", Bangkok and Genting last year with his wife and he also told one of his colleagues that even if he didn't work, his wife also can support him. Oh yes, his wife is the secretary of the lawyer. [/SIZE][SIZE=1]The boss told him that you can always sell your car and pay your car loan and you still have balance left because of the appreciation of the car value. He claimed that nobody wants to buy his car, so the boss said that I will buy over from you at market price + $2K. Then he said lets not talk about the car first, talk about the compensation. Alamat, he borrows money to buy car and he doesn't want to talk about the car.[/SIZE][SIZE=1]In this type of case,[/SIZE][B] [SIZE=3][COLOR=black]can the company sue him for the outstanding car loan and withdraw all the compensation that the company has promised him and only pay him what he is entitled[/COLOR][/SIZE][/B] [SIZE=1]to because of his greed[/SIZE][B][SIZE=3][COLOR=black]?[/COLOR][/SIZE][/B] [SIZE=1]Is it worth to take up a case[/SIZE]?

  5. #5
    Junior

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    Quote Originally Posted by acidic.straw
    Your story is very confusing. I got totally lost somewhere in the middle and a big headache in the end. Think I'll go take a nap
    Sorry, maybe my story is in too details that confuse you.

    In short, like what howgozit had already summaried.

    1) The company had lent the employee money to buy a brand new Toyota Altis and later terminated him because of certain reason.

    2) With mutual trust, there is no contract being drawn but he signed on a payment voucher that he had collected the money.

    3) He still owes the company $5k after offsetting the compensation that the company has promised :- a) 6 months +
    b) 2 months (if pay within 3 weeks) +
    c) 1 month (upon his request)
    (Outstanding loan $31K - $26K compensation = $5k)

    4) But he is still not satisfied and want the company to reduce the loan further.

    5) Because of his greed, the company thought of withdrawing all the compensation and pay only what he is entitled to (ie 1 month 1 lieu of notice) according to labour law, (in actual fact it has already drag for more than 3 months).

    6) Then bring up the case to the court to claim against him for the car loan.

    My question is can the company bring up a case like that or like what toufu said, only suck the thumb.

  6. #6
    I sell Cheese Pie

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    very cheem

  7. #7
    hiyo all

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    Ahhh...thks to all for the clarification..much clearer now.

    I think there shld be a clear separation of
    a) return of loan outstanding for the car purchase
    b) Compensation for early termination

    These 2 issues are distinct and separate and should be dealt with as such. The employer shld not let the employee mix the issues and attempt to increase the compensation to offset the loan.

    Go back to the contract/agreement on each of the issue and deal with it accordingly. That's my two cents worth
    hungry eat sleepy sleep

  8. #8
    Newbie

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    Just slap him with the employment contract.

    And compensate him 1 or 2 months pay.

    Open for negotiation by offerring to take over of his car with 2k above market value.

    If he kpkb, tell him go complain MOM.

    If he want to commit suicide, recommend him bedok reservoir.

  9. #9
    hiyo all

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    Quote Originally Posted by victorchoo
    Just slap him with the employment contract.

    And compensate him 1 or 2 months pay.

    Open for negotiation by offerring to take over of his car with 2k above market value.

    If he kpkb, tell him go complain MOM.

    If he want to commit suicide, recommend him bedok reservoir.
    Eh dun be like tat la... Bedok reservoir & surrounding residents deserve a break hor
    hungry eat sleepy sleep

  10. #10
    I sell Cheese Pie

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    Quote Originally Posted by victorchoo
    Just slap him with the employment contract.

    And compensate him 1 or 2 months pay.

    Open for negotiation by offerring to take over of his car with 2k above market value.

    If he kpkb, tell him go complain MOM.

    If he want to commit suicide, recommend him [B]bedok reservoir.[/B]
    Yup, thats the current happening location for suicides nowadays

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