Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #21  
Old 12.11.2020, 18:49
newtoswitz's Avatar
Forum Legend
 
Join Date: Jan 2010
Location: Rapperswil
Posts: 3,034
Groaned at 50 Times in 47 Posts
Thanked 3,591 Times in 1,638 Posts
newtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond repute
Re: Help interpreting a pay back clause in sign off bonus

Quote:
View Post
To take that to it‘s logical conclusion, every time a contractual dispute was taken to court, the losing party would sue their lawyer for providing incorrect advice, which would mean there would be no lawyers left (your view on whether this is a good thing or a bad thing may differ).

Different matter if the lawyer has been negligent.
Possibly, but there's a difference between taking advice on a contract and a lawyer representing someone in court.

If I get advice that is clear cut (as the OP suggested), I would expect it to be correct and the lawyer to be responsible for that.

If I get advice which is not clear cut, then fair enough the lawyer has told me the options.

In the latter case, the lawyer may represent me in court and clearly is only going to put over my side of the argument, even if they see other interpretations. I can't sue them if I don't win as long as they do this to the best of their professional ability.
Reply With Quote
  #22  
Old 12.11.2020, 20:50
eyebeebe's Avatar
Forum Veteran
 
Join Date: May 2009
Location: Pfäffikon SZ
Posts: 1,861
Groaned at 17 Times in 16 Posts
Thanked 2,181 Times in 990 Posts
eyebeebe has a reputation beyond reputeeyebeebe has a reputation beyond reputeeyebeebe has a reputation beyond reputeeyebeebe has a reputation beyond reputeeyebeebe has a reputation beyond repute
Re: Help interpreting a pay back clause in sign off bonus

Quote:
View Post
Possibly, but there's a difference between taking advice on a contract and a lawyer representing someone in court.

If I get advice that is clear cut (as the OP suggested), I would expect it to be correct and the lawyer to be responsible for that.

If I get advice which is not clear cut, then fair enough the lawyer has told me the options.

In the latter case, the lawyer may represent me in court and clearly is only going to put over my side of the argument, even if they see other interpretations. I can't sue them if I don't win as long as they do this to the best of their professional ability.
Agreed there is a difference, but cases tend* to end up in court because based on their version of the facts both sides think that something is clear cut.

*Clearly there are plenty of exceptions e.g. Goliath stringing cases out hoping that David will give up due to costs, sheer bloody-mindedness, grey areas etc.
Reply With Quote
  #23  
Old 12.11.2020, 21:21
Forum Veteran
 
Join Date: Aug 2015
Location: Basel
Posts: 2,034
Groaned at 48 Times in 39 Posts
Thanked 1,220 Times in 732 Posts
Landers has an excellent reputationLanders has an excellent reputationLanders has an excellent reputationLanders has an excellent reputation
Re: Help interpreting a pay back clause in sign off bonus

Basically the intent is surely that you can't quit unless you've worked for them for 12 months. "During 12 months". This is not an unusual stipulation. You've only quit your job when you're not working for them, not when you've only given notice to quit.
If you start on 1 Jan and your last day is 31 Dec then you've quit on 1 Jan. 31 Dec is still a working day and 1 Jan is not "during 12 months".



I would, in any case, get confirmation of this perfectly reasonable understanding from the company to avoid any confusion. Often the intent is not well translated into words and if their understanding is different to that above, that would be the time to talk to a lawyer.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
About to sign rental contract - is this a warning sign? ziss Housing in general 4 28.06.2017 20:43
German and Swiss German courses, translating and interpreting services lotus82 Commercial 0 21.04.2017 14:58
Interpreting for RAV meetings and ad hoc business purposes [ZH-Zug] eng_ch Jobs wanted 1 29.03.2017 17:53
Help interpreting account statement AVS and LPP... happyrobbie Finance/banking/taxation 0 10.12.2014 11:38
Community interpreting? Swissoconnors Business & entrepreneur 9 08.09.2011 00:14


All times are GMT +2. The time now is 12:43.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0