i signed my job offer letter (not the actual contract) which states that i have to serve 2 months notice in case i want to resign. it also states that less than 2 months notice would require me to pay 2 months worth of my monthly salary. this is as it states because of the damages it will cause the company.
i didn't serve the 2 months notice but instead just served 1 month notice.
on my last day for the company, i had to talk to their lawyer and the lawyer reminded me of the penalty i have to pay. i kind of said yes if they could lessen the amount. some 2 months later of no communication i got a letter from the legal office that i have to pay in 5 days or else they will file a case against me. the amount was lessened some 40k because i guess of my backpay and pro rated 13th mo pay.
1. do situations like this really lead to court? i mean, i think they'd be spending a lot of money and time right?
2. what would be a good defense if ever it does go to court? can i say that, the client i worked for (coz we're consultants deployed to clients) did sign the 'transition document' stating that i have successfully transitioned my work so i'm thinking that the damage to the company is not really that bad since there already was a replacement for me before i left?
3. and if i lose, how will they collect the money? i mean, if i have a house or a car, will they take it from me or something like that? and i have never told them that i won't pay. i just say that i am willing to pay if they will divide it in 12 months.
4. what are the chances of me winning?
5. there is no way i'll go to jail for this right? i mean, civil case lang to di ba?