LebGeeks

A community for technology geeks in Lebanon.

You are not logged in.

#1 February 21 2020

gamingindex
Member

Advice about a lawsuit filed against me by previous employer

I know that this is not the right place to ask for this kind of advice and I should ask a lawyer about it. But since this a community, maybe someone who worked for a software company and faced a similar situation in Lebanon could share his thoughts and help a little bit.

Few days ago I received a lawsuit against me filed by my previous employer. I worked in that company for one year as a software engineer, and I hated it. they were political affiliated and from the corrupted social class of Lebanon. I sent my resignation email on December 13, 2019. On the 2nd of January 2020 I get an email from the owner of the company ordering me not to leave before few months so that i finish building his product. I respectfully refuse and his reply was "see you in court". I was fired in the same day without getting paid of month 12/2019. what shocked me is that I lost access to my work email on that same day, yet the lawsuit contains emails sent from my work email after I lost access to it and they allegedly accuse me of leaving my job without giving a notice period. so he's taken my work email and sent fake emails that looks like I left my job and not that they fired me. the lawsuit says that I have to pay 6600$ of damages.

I'm broke, I know no lawyer and I'm saving money to apply for an express entry to Canada. now I'm concerned about the consequences of such lawsuit on my legal profile, like will I be stopped at the airport if I ever try to travel, or will it be on my criminal record?

any advice or information is appreciated.

Offline

#2 February 21 2020

Kareem
Member

Re: Advice about a lawsuit filed against me by previous employer

What are the terms of the contract you signed in the first place ?

Offline

#3 February 21 2020

gamingindex
Member

Re: Advice about a lawsuit filed against me by previous employer

The contract says that I have to serve two months notice period if I ever want to leave.

Offline

#4 February 21 2020

Kareem
Member

Re: Advice about a lawsuit filed against me by previous employer

gamingindex wrote:

The contract says that I have to serve two months notice period if I ever want to leave.

OK so there's a notice period, but he won't let you stay. It's his problem not yours. Why are you afraid ? Is there any breach of contract from your side?

If not, I guess you have nothing to worry about. Unless they enabled you to do the job, provide you the material and training and then you said, I'm leaving.

Still,I don't think it's an issue. Did you read the contract you signed with them carefully ?

Offline

#5 February 21 2020

rolf
Member

Re: Advice about a lawsuit filed against me by previous employer

Yeah you need a lawyer specialised in employment matters.

Do you want ne to recommend one? I think I can.

Try to assemble all the proof that you can for your claims, screenshots, whatever you can think of.

Good luck

Offline

#6 February 21 2020

rolf
Member

Re: Advice about a lawsuit filed against me by previous employer

Also I would imagine that falsifying proof is some kind of crime.

Was your work email provided by g-suite?

Last edited by rolf (February 21 2020)

Offline

#7 February 21 2020

gamingindex
Member

Re: Advice about a lawsuit filed against me by previous employer

rolf wrote:

Also I would imagine that falsifying proof is some kind of crime.

Was your work email provided by g-suite?

Office 365

Offline

#8 February 22 2020

Guitaret
Member

Re: Advice about a lawsuit filed against me by previous employer

Forgive my sluggish writing but I am using my mobile and this site is not very mobile friendly.
Gameindex since is very recent, I really advise you to file a complaint claiming that you were not compensated for the month of December. A lawyer needs to write it, but you can submit yourself to "niyebeh 3ammeh" to save yourself money and when it is time for court you can hire a lawyer to follow the case (eventhough technically you don't need it at this stage). This is important to do right now as in the eyes of the law you are blamed for not claiming your rights and this complaint is a powerful card you can use when the time comes for your court (if it reached court).
The second reason why filing a complaint is important is that it may push your employer to withdraw his as a settlement as no one wants heat on his establishment.

You need to understand that legal prosecution is a game that requires long breath that is not meant to be convenient or fair but obedient to the country's law & regulations. And so it will probably take more than 1 year for it to reach an end.

I just need to know if you have any proof of your resignation (Having said that, always have the habit of cc'ing your personal email address for important emails - this advice is meant for everyone here).
Another question: did they specify a date for the court?

About you being able to leave the country, I prefer you assign an attorney and give him "power of attorney" paper because on the day of the court, if you or your attorney did not show up they will rule against you.

Let me know if you have more questions

Offline

#9 February 22 2020

Guitaret
Member

Re: Advice about a lawsuit filed against me by previous employer

gamingindex wrote:

The contract says that I have to serve two months notice period if I ever want to leave.

As per the Lebanese labor law:
ج - يجب على كل من صاحب العمل والعامل ان يعلم الاخر برغبته في فسخ العقد، قبل شهر واحد اذا كان قد
مضى على تنفيذ عقد اللستخدام مدة ثلاث سنوات فما دون، وقبل شهرين اذا كان قد مضى اكثر من ثالث سنوات
وأقل من ست سنوات، وقبل ثالثة اشهر اذا كان قد مضى اكثر من ست سنوات واقل من اثنتي عشرة سنة، وقبل
اربعة اشهر اذا كان قد مضى اثنتا عشرة سنة فأكثر.
ويجب ان يكون الانذار خطيا، وان يبلغ الى صاحب العالقة، ويحق ليذا االخير ان يطلب توضيح اسباب الفسخ اذا لم تكن واردة في نص الانذار.
يتعرض الطرف الذي يخالف احكام الفقرة السابقة لدفع تعويض الى الطرف الاخر يعادل بدل أجر مدة الانذار
المفروضة عليه قانونا

Offline

#10 February 22 2020

VincentKeyboard
Member

Re: Advice about a lawsuit filed against me by previous employer

So they fired you after you resigned and then forged emails from your email account?
Anyway, whatever IT company was managing your office 365 account should be able to prove that your password was changed. This should help you in case you decide to accuse them of impersonation. Mention every detail you can to a lawyer.

My workplace provides Office 365 email accounts and when the previous comptroller left, the CEO contacted the IT office managing the accounts to change his password, removing access to company contacts.

Do tell your lawyer that they impersonated you.

Offline

#11 February 22 2020

dsoftware.king
Member

Re: Advice about a lawsuit filed against me by previous employer

Were you registered at the NSSF with full salary? Do you have pay slips?

Do you know if they comply with the nssf (daman) rules regarding other employees?

Offline

#12 February 22 2020

gamingindex
Member

Re: Advice about a lawsuit filed against me by previous employer

VincentKeyboard wrote:

So they fired you after you resigned and then forged emails from your email account?
Anyway, whatever IT company was managing your office 365 account should be able to prove that your password was changed. This should help you in case you decide to accuse them of impersonation. Mention every detail you can to a lawyer.

My workplace provides Office 365 email accounts and when the previous comptroller left, the CEO contacted the IT office managing the accounts to change his password, removing access to company contacts.

Do tell your lawyer that they impersonated you.

Exactly, and the project manager was the one managing the office 365 account, he does whatever the owner says

Last edited by gamingindex (February 22 2020)

Offline

#13 February 22 2020

VincentKeyboard
Member

Re: Advice about a lawsuit filed against me by previous employer

gamingindex wrote:
VincentKeyboard wrote:

So they fired you after you resigned and then forged emails from your email account?
Anyway, whatever IT company was managing your office 365 account should be able to prove that your password was changed. This should help you in case you decide to accuse them of impersonation. Mention every detail you can to a lawyer.

My workplace provides Office 365 email accounts and when the previous comptroller left, the CEO contacted the IT office managing the accounts to change his password, removing access to company contacts.

Do tell your lawyer that they impersonated you.

Exactly, and the project manager was the one managing the office 365 account, he does whatever the owner says

Ok, so you can't catch them on impersonation.
Follow what @dsoftware.king suggested. Also speak to an accountant who does ministry of work papers for large companies. then escalate it to a lawyer.

Offline

#14 February 22 2020

Tech Guru
Member

Re: Advice about a lawsuit filed against me by previous employer

Go to NSSF -Bir Hasan ( Near Order of Engineers) , 6th Floor - Companies/Banks Inspection Authority. You fill an obligation against him and they follow up your case and  penalize him.

Note:  The company must be registered in NSSF ,  which is most probably is ,  to operate legally in Lebanon.

In this scandel ,  and before , many employees right are being stolen cheaply. Nevertheless,  many firms are penalized and being sued.

Last edited by Tech Guru (February 22 2020)

Offline

#15 February 22 2020

rolf
Member

Re: Advice about a lawsuit filed against me by previous employer

VincentKeyboard wrote:

Ok, so you can't catch them on impersonation.

I disagree.

Offline

#16 February 22 2020

Dan28
Member

Re: Advice about a lawsuit filed against me by previous employer

gamingindex wrote:

sent fake emails that looks like I left my job and not that they fired me.

may i ask how did you know this? like did they show you the fake emails? im asking because if this is the case they wont tell you, they will tell the judge.

Offline

#17 February 22 2020

DNA
Member

Re: Advice about a lawsuit filed against me by previous employer

If you told him you wanted to leave before the 2 months notice period stated in contract he have all the right to sue you.
as for the rest of the case and emails he forged against you, you can counter sue him for that.

Offline

#18 February 22 2020

VincentKeyboard
Member

Re: Advice about a lawsuit filed against me by previous employer

rolf wrote:
VincentKeyboard wrote:

Ok, so you can't catch them on impersonation.

I disagree.

I think he meant their IT manager is in-house. why would an employee help a ex one and risk his or her employment?

Last edited by VincentKeyboard (February 22 2020)

Offline

#19 February 22 2020

rolf
Member

Re: Advice about a lawsuit filed against me by previous employer

VincentKeyboard wrote:

I think he meant their IT manager is in-house. why would an employee help a ex one and risk his or her employment?

Well 1st of all we don't know what is happening in the IT manager's head.
And then I think there are many ways to find evidence including possibly on his own computer if he uses an email client, so I don't think anyone should say "it is impossible" at this stage.

Last edited by rolf (February 22 2020)

Offline

Board footer