I work in a BPO company for almost a year and submitted an immediate resignation last Friday, August 16.
I was already in talk with my supervisor since Thursday, August 15, but she told me I need to stay for 30 days as stated in my contract. I told her I would negotiate with my new company if they can wait that long since I am already slated to sign my contract tomorrow, August 19, but they really needed me that early so I really needed to go. By Friday, August 16, I was informed by my manager that they are going to hold my clearance and final pay due to liability/damages. They told me that my back pay would be negative.
My questions are:
1. Am I correct in thinking that they can only charge me for liability equal to the 30-days I did not render (ie 1month worth of salary)? Because if so, then my pro-rated 13th month pay, uncollected salary and tax refund should exceed any damage they can come up with. I also have no bond in my contract and 30-days was the notice period stated there too.
2. I had an office mate who filed for an immediate resignation before and was let off without any question. He was notorious and a non-performer and I am thinking that maybe I could use that precedent, especially that I am a consistent performer in the company. Maybe I could prove malice given that premise.
3. If I retract my resignation and go on AWOL instead, can they still charge me for damages?
Any advise? Thank you.