At Company A, i have a 3-year (November 2013-November 2016) contract which states that i must finish the three years or i'll pay the 40,000 penalty. At bago raw mag resign, i need to render 90 days pa. Last December, i was really planning to resign because of the horrible work conditions (10-12 hrs of work without OT pay, shifting schedules for example night shift ako 8pm-6am, rest day, then duty at 5am the next day, and others reasons na in short, i am just so tired of everything as in literal na pagod) then just last August i was offered a job by Company B (not a direct competitor) which is like the perfect package (higher salary, good benefits, and the best part is office hours ang trabaho and may OT pay. I thought i must grab this opportunity kaso nga lang talagang magsasuffer ang relationship ko with Company A. So i decided to pass an immediate resignation letter and not finish the 90 days notice since i really liked to start soon at Company B. I told them about the 90 days rule of Company A, they said if i need to render 30 days they will understand since it is the law but they cannot wait for me if tatapusin ko pa ang 90 days. So sayang talaga ang opportunity.
When i submitted my resignation letter, bukod sa nagalit ang boss ko, he did not allow me to resign without rendering the 90 days. So i thought if that is the case, then i would just go AWOL, start at Company B, and pay Company A for not finishing the contract. Medyo malakas lang talaga ang loob ko kasi at least two employees na rin ang gumawa ng ganun (hindi tinapos ang 30 and 90 days render) since may mga asap offer, nagbayad lang ng penalty then wala na hinayaan na nila.
So i started na sa Company B, then nakareceive ako ng tawag from Company A na kailangan kong pumasok kung hindi, they will file a case against me dahil sa malaking abala ang nangyari sa company since i don't have a replacement pa. I told them i am willing to settle na the damages pero sa korte na raw ako makipag harap at maghanap na ako ng attorney. Tinanong ko bakit ang ibang umalis nang biglaan hindi nila kakasuhan. Sagot nila na gagawin nila yun ngaun para hindi na gayahin pa ng ibang employee ang ginawa ko.
I admit talagang mali ako since hindi ko tinapos ang contract as well as ung 90 days notice. Nakipag usap ako ng maayos sa mga boss, i am willing to settle, yet kakasuhan parin nila ako with breach of contract? It is only a civil case right? I know it would really hurt my reputation and major bridges would be burned. My questions are:
1. What should i expect with this kind of case? Pupunta ba sila sa house with a lawyer, will they cause a scene? (Pasensya na, nakaka paranoid lang talaga mapag bantaan na kakasuhan) Ano-ano po ang dapat kong i-ready?
2. I know i need to pay the 40,000 and other damages pero how are these damages computed? Sky is the limit ba ang amount? I mean would it be as high as a hundred thousand?
3. Before umabot sa korte diba parang makakatanggap muna ako ng letter from a law firm saying na i must pay damages or else aabot sa court, tama po ba? And if i am able to pay then wala na akong case?
I would really appreciate any feedback. Maraming salamat po.