contract-law employment mexico
Being sued over a promissory note
<p>Background:</p>

<p>In April 2018, I was hired by a <strong>company A</strong> that outsources services. When I was hired, I signed two promissory notes for $25,000(local currency) for the concept of value of training for my next job. These two promissory notes where supposed to expire or be invalid in these cases:</p>

<ul>
<li>after being employed over a year</li>
<li>there were another reason for it to be cancelled but I don't remember them</li>
</ul>

<p>The client that wanted to hire the services from <strong>company A</strong> cancelled the project after a month of being hired. They tried to assign me to another place elsewhere but no other client was in need for my services. So I was told by HR that they won't be renovating my temporal contract and that my promissory notes were being annulled for this cause.</p>

<p>Today I received a visit from their lawyer about these promissory notes. He says I need to pay to them and I'm being sued.</p>

<p>What I can do about it? How I can protect myself? </p>

<p><strong>Additional Notes</strong></p>

<ul>
<li>I still know the name of the person that handled my dismissal. He issued/signed a few papers about my exit from the company. Not sure if he still works there. Should I contact him? or it could make it worse? I need to clarify this situation as soon as possible.</li>
</ul>

<blockquote>
  <p>What I can do about it? How I can protect myself?</p>
</blockquote>

<p>Your description is too vague. It lacks essential information that would allow us identify each party's legal merits. There is no information to barely conjecture whether </p>

<ul>
<li>you are being scammed by company A (which seemingly is just another
intermediary in the labor market);</li>
<li>company A is misinterpreting or ignoring contract law; or</li>
<li>you shot yourself in the foot by signing the promissory notes.</li>
</ul>

<p>Knowing the terms and context of your contract is crucial, whence there being "<em>another reason for it to be cancelled but I don't remember them</em>" could be --unbeknownst to you-- the key to assessing your situation.</p>

<p>Also, the form and terms of HR's notice of annulment of the promissory notes could also be tantamount to company A's forfeiture of what its lawyer (perhaps belatedly) is pursuing now.</p>

<blockquote>
  <p>Not sure if he still works there. Should I contact him? or it could make it worse? I need to clarify this situation as soon as possible.</p>
</blockquote>

<p>Feel free to approach him in order to clarify the matter. But make sure that you do this <em>in writing</em> (specifically, by email) or in a way that gets recorded so that you keep evidence of the company's allegations &amp; conduct.</p>

<p>Be careful in what you commit to, and what you admit, during your interactions with company A. Keep in mind that company A could likewise use those communications as evidence with which to support its allegations.</p>

<p>You might also want to get acquainted with the Mexico statutes pertaining to contract. For that purpose, see articles 1792 et seq of the <a href="https://www.oas.org/dil/esp/C%C3%B3digo%20Civil%20Federal%20Mexico.pdf" rel="nofollow noreferrer">Civil Code of Mexico</a>. Contract law is roughly similar in many, many countries. Gaining acquaintance with it will help you (1) know your rights when interacting with company A or its lawyer(s), and (2) sharpen your analysis of contracts (be it those proposed <em>to</em> you or drafted <em>by</em> you) in the future.</p>
