Can a employer raise allegations after 60 days of resignation?

Hi Everyone,

I was working in a Software Company (Permanent Role). I resigned from that company and served my notice period last day on 15th November 2022. They asked me to leave country so they will cancel my Visa. I left but they never cancelled my visa.

So I contacted MDEC and MDEC requested my old employer to cancel my visa. After receiving that email my old employer sent me a notice that I breach the contract while working with them and I went to a client intentionally and said bad things about the company. All those are false allegations and it was never raised while I was working with them. I resigned and they accepted my resignation served notice period and left Malaysia on 20th of November. All I have been requesting to old employer to cancel my visa so that my new employer can proceed.


Is it valid that a employer can raise allegations after more than 60 days of resignation?


What should I do now ?

Do you have proof of resignation etc?


Sounds like they (or HR) screwed up and decided to blame you.


Get a lawyer to send them a letter claiming 4 million RM in damages if they don't relent.... often a simple letter will mean they won't back down. Worth a try.


Also report them to immigration with proof of your resignation etc.

@Nemodot


Thank you for your response. Do you have any contacts for Immigration ?

@M.Hossain


if your ex-co still refuse to cancel your visa...u can report to immigration. but if they still refuse, u can take legal action against them since their refusal will impact your  future earnings. for this...u need to engage lawyer. they can liase with immigration or issue notice of demand or filing case in court..




yes, your employer can file a case against you despite u are no more in m'sia.  vice versa, u can also do the same. the time-barred is depend on type of the cases usually up to 12 years.




cheers.

Employers can be very nasty when retaliating. They know the refusal to cancel the visa messes up your life and sadly you have to get a lawyer to intervene. Id love to get them in court and have them explain why they didnt do their duty. If they have a separate problem with you and wish to sue for hurting their company, they cant hold your visa for that, they have to cancel it and sue you. My guess is that they wont sue you for anything, have no provable case against you and hopefully face cash penalties for holding the visa.

@cvco


are u lawyer?


the employer can do what they may. but as an employee , esp foreign employee, if they been equipped with basic employment , immigration law etc, the employer will think twice. the ideal is that , the new foreign employed is been briefed by the legal advisor or lawyer of the company. (HR will do ..but no kick) . in the absence of such...the foreign employee esp the 'expat' should be friend and get to know M'sian lawyer esp that specialized in 'migrant' or 'immigrant' thingy. most of the 'tactics' by the employer can simply be brush off by the help and advice of the lawyer...

Mypat,


Im not a lawyer and wont give legal advice. My point is that employers play with these matters on the belief the employee lacks the resources to do anything about it. But that is also true generally around Malaysia because malaysians hate lawyers, confrontation and fights. They tend to just write off bad experiences to bad luck and move on. In my personal experience in many disputes over time, I win my fights when first im willing to fight. I never take abuse from anyone. I fight back and thats what I encourage among others.

@M.Hossain

Any update on your case?