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A.Valcke
A.Valcke, Solicitor
Category: European Law
Satisfied Customers: 731
Experience:  14+ years experience // Masters in EU Law
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Recently l was unlawful dismissed by my employer immediately

Customer Question

Recently l was unlawful dismissed by my employer immediately without any show cause letter, and my employer accused me stealing and cheating company property. After investigation they found no evidences to proof my fraudulent. Later on l received the civil suit from my ex employer to suit me misconduct and breach of fiduciary duty. The reason
for them to that because one of the supplier whose file folder inside content the price lists of the product in which he billed to my employer with the marked up price. And the supplier had left the said folder in the office after submit the invoice to my company. unfortunately
the folder was discovered by my boss and prudent all the product lists price without any permission and approval from the third party.However before that l had informed my boss this is a confidential documents own by the third party.He told me that after investigation he will promise to return the folder to third party.From the folder my boss found out that the supplier had marked up the price around 10 to 25 % of list price.
My boss later on accused me through his solicitor to suit me that l had received secret profit from the third party without any internal inquiry and suited me breach of contractual fiduciary duty, but l did not signed any employment agreement with him despite many time to remind him for the employment letter.
As review in this case, how do l going to defend myself to protest myself from been law suit. Please for the advice.
Submitted: 11 months ago.
Category: European Law
Expert:  Fran-mod replied 11 months ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 11 months ago.

Hi Fran

l still need the advice from the expert to look into this case,but further l has received the civil suit from my ex employer to claim the losses from me due to the prices marked up by the said supplier and they claimed it is the secret profit l received from the supplier. Is it fair for the supplier to earn some profits through business deals ? Why my boss can simply accused me without any proof. l never get any money interest ,personal benefit and from the supplier instead l demanded them to reduce the price and offer to my boss with competitive price. My position working in this company with no authority,no job description, no responsibilities and no decision making. All the business transaction within the company just need to report to the Head office in term of operation ,sales and purchase and financial control. My duty with this company only exercise the instruction by the head department. They also claimed that l have control the supplier company and teamed up with them to make secret profits from my boss. l got nothing business interest and personal gain relationship with the supplier , but my boss still want me to compensate them for the losses in which the supplier marked up the price profit by civil suit under statement of claim. Until now l just solicit my lawyer to file the filing to the court for defend. For all the circumstance arise as mentioned , l urgently need the expert to draw me the guideline how to tackle this problem and to avoid any involved in breach of fiduciary duty for them to get the opportunity to sue me without any evidences and proof.

 

Thanks

 

xxxxx xxx

Expert:  Fran-mod replied 11 months ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  A.Valcke replied 11 months ago.
Hello,

Please could you tell me which courts have issued the claim?

I look forward to your response.
Customer: replied 11 months ago.

Malaysia ,johor state civil suit court.

Customer: replied 11 months ago.

Hi valcke

 

please advise me how should l defend for the court suit. l will waiting for your kind opinion.

 

Best regards

 

xxxxx xxxxxx

Expert:  A.Valcke replied 11 months ago.
Dear Mr Loo,

Thank you for your reply.

Are you presently residing in Malaysia?
Customer: replied 11 months ago.

yes,now l stay in Malaysia.

Customer: replied 11 months ago.

Dear valcke

 

What else of information still need me to provide to your regarding my law suit with my ex employer.

 

xxxxx xxxxxx

Expert:  A.Valcke replied 11 months ago.
Dear Mr Loo,

Unfortunately I am not an expert in Malaysian employment law or court procedure.

The procedural rules are very different than those applying in European countries.

In order to defend yourself, you are advised to seek the services of a Malaysian lawyer who has knowledge of Malaysian law and procedure.

I am sorry that I cannot not provide you with further details on how to defend yourself, but your question was listed under "European law".

However, I can refer you to others who might be able to help you.

The Malaysian Bar Association's website has a listing of employment specialists:
http://www.malaysianbar.org.my/find_a_law_firms_areas_of_practice/employment_law.html

The British Foreign Office also maintains a list of lawyers:
https://www.gov.uk/government/publications/malaysia-list-of-lawyers

In addition, the US embassy has a list of lawyers which you can obtain by XXXXXXXXXXX@XXXXXX.XXX.

I hope this answers your question.

A.Valcke, Solicitor
Category: European Law
Satisfied Customers: 731
Experience: 14+ years experience // Masters in EU Law
A.Valcke and other European Law Specialists are ready to help you
Customer: replied 11 months ago.

Dear valcke

 

Thanks for your advice pertaining to my question. l will seek my country lawyer to look into this case and get the right opinion to defend for me.

 

Your faithfully

 

xxxxx xxxxxx

Expert:  A.Valcke replied 11 months ago.
Dear Mr Loo,

I am glad to hear that I could be of assistance to you.

I wish you all the best of luck.

Kind regards

A. Valcke

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