[Susan]

My employer wrote me a letter stating that my contract is terminated according to the terms & conditions and that I would be compensated according to the HK Labour Law. A couple of days later I received another letter saying that they will not compensate me as they found some evidence of my disobeying company's rules.
Could you please recommend a lawyer who could evaluate this case? Don't know what to do... Very upset that all my contribution and acheivements for this firm were forgotten, - and they just got rid of me, so unfair!
thank you.

[KnowItAll]

Susan,

Drop Susan Liang a line using the contact details on http://www.speedysue.com/en/eframe.htm

She may be able to help. Do keep in mind that most of the time these issues are due to amateur handling by someone who thinks they can intimidate you.

I would recommend that you ask them what the problems were in writing "because your solicitor has requested this" and see if they flinch.

[KnowItAll]

Make sure you study the following

http://www.labour.gov.hk/eng/lrpd/re...ns_guide_8.htm

Feel free to drop the labour department a line to ask them about legislation which applies to you. Keep in mind that they cannot give you specific advice.. but will give you enough to confront your employer with.

http://www.labour.gov.hk/eng/enquiry/index.htm

[Susan]

thank you, guys

[KnowItAll]

Sounds dodgy.

Email the labor department. They might have someone who can help sort out if the company has any grounds to terminate you.

As long as you've documented why you needed the sick leave (i.e. doctor advised you on some Rest and Relaxation) you should be ok.

Then again, you don't know what sort of emails they've kept...

[Susan]

thank you for your advice. I had panel doctor's referral letter and the specialist's letter about my back. The main point is - is travelling abroad against company's policy? How far can they interfere into my health and private life by using the emails from my boyfriend (only personal, of course, no business whatsover)?

[Susan]

I guess everything is against me in this case. You are right, they were suspicious. And treated me like gestapo. Repremanded me for making the claim of 220 HKD for medical expenses (totally real & justified). So glad it is over now.

[Susan]

good morning!
Just called Labour Department, they said that if I was terminated on Wed, the company cannot dismiss me on Thu by an additional letter. They said I should file a claim.
Any advice/similar experience / speculation how this all will turn out? Can the company change the termination to dismissal without me working in this company any longer? I would appreciate any advice, thank you!

[KnowItAll]

Susan -- yes, they are right. They cannot retroactively change the terms of the termination. I would recommend you speak to a lawyer (and make sure you pay them for an hour or two worth of time).

Try to get as much as possible in writing, from both the labour department (send emails .. dont' call) and your employers.

Depending on the ability and inclination of your company to pay you this could be resolved cleanly by you or your lawyer presenting an emotionless case to the company i.e. you made a mistake and you're liable for it OR at a labor tribunal which could take long.

If you're in a labour dispute, immigration can and most probably will grant you an extension on the visa. Make sure you present your case (with the documentation of having filed a labour dispute and any additional paperwork from your lawyer) to immigration as soon as possible -- to ensure that anything negative put on your record by your company is counter balanced.

Paul, the issue is not with who is right or wrong, the issue is related to contracts and documentation. Boils down to the shade of gray ..

[KnowItAll]

Needless to say, I'm assuming your boss is not Uncle Li or Uncle Tung.