Terminated without Grounds needs advice!



ORIGINAL POST
Posted by gibong 18 yrs ago
I am a Computer Engineer and working as Marketing Manager when I applied for a position as Technical Support to a retail IT shop. During the interview, I was informed that they are in need of someone to handle their expanding Western clientele and not to worry about Chinese clients (I don't speak Cantonese). Based on my CV and the interview, I was offered the job, asked to resign on my current post and report immediately. The owner promised to give my contract by the time I report to him. So I quit my job knowing that all terms have been agreed and discussed. I was so happy that I could pursue my career as a Computer Engineer.

On my first day, I asked the manager if he prepared my contract, he said that he will give it to me the following day. Well, I have never received it so I just decided to wait.

I was deployed to several western clients for computer troubleshooting and installation and I am confident that I'm doin well with my job. I even received a lot of compliments for a job well done. While im at the shop, i also made a couple of decent sales. I have asked the owner how was I doing and he said that "everything is okay".

On my 7th day, the manager was in hurry to go to China, and I never thought that on that day, I will be terminated on my job without any valid reason. He just left a cheque amounting to 1 week of my service, and he asked my co-employee to tell me that I'm fired. I was shock and deeply hurt. I didnt take the cheque.


I have called the owner and asked what went wrong and what are his grounds for terminating me? He said that I am good and there is no problem with my performance but he is terminating me because he thinks that after few months, I will just resign.


My colleague (the one who told me that I was terminated) mentioned that the co-partners of my boss blames him for hiring someone who doesnt speak Cantonese and who is not a "professional salesman", so he was forced to fire me. Does it mean that because they made a wrong decision, I am the one is supposed to suffer now?


Although my ex-boss was so happy with my performance, I could not go back to my previous job as they have already hired someone else.

It's xmas soon and I don't know until when can I find a new job.


I have called the Labour Department and was informed that according to the Employment Ordinance the company have already done their part. Meaning they have already prepared my 1-week pay. But I was also told that if I want I could pursue this in court.


What are my legal rights?

Since their is no grounds for termination,I believe that my dismissal is unfair, could I sue for damages? Can an employer just simply terminate an employee without a valid reason? Or in my case, can an employer terminate an employee purely based on assumption?


Please help.


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COMMENTS
throbbing 18 yrs ago
gibong,


When you mention 'legal rights' what is it that you wish to pursue ie have the company rehire you or pay you compensation? It sounds like the company has indeed done what they are legally supposed to do. If you decide to try and take them to court you really have little ground on which to fight. No doubt you feel cheated and hurt but a court case is not really the way forward, instead put it down to experience and move on - I am sure you will find a better job anyway.

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Meiguoren 18 yrs ago
And, PS, cash the checque

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