Bill, a decade-long pillar of the company’s engineering team, now faces uncertainty as corporate restructuring and financial pressures reshape the organization he helped build from the ground up. “I’ve worked for them for twelve years. I never thought I’d end up in a lawyer’s office… just because I took a sick day.” These were the words of Bill, a soft-spoken American man with tired eyes and a tightly held folder. He had worked as a senior software engineer C-Level, in fact at a BOI-promoted tech company in the heart of Bangkok. As he sat across from me in my office, he laid out the situation with calm precision, but underneath I could see worry, confusion, and disappointment. In his hands were two written warnings, a doctor’s certificate, and an email trail with the HR department. From the very first page, it became clear: he was being pushed out. Twelve clean years – then suddenly, a disciplinary warning Bill had been with the company for over a decade. He had helped build the platform from scratch, shaped the engineering team, and worked through nights and weekends to stabilize the core systems. He had never received a complaint or warning until now. Earlier this year, the company had begun to show signs of decline. Financial pressures mounted, and rumors of a merger or acquisition started circulating. Executives began resigning. Structures shifted. Roles were consolidated. One morning, Bill fell ill unexpectedly. He informed his supervisor and went to the hospital for treatment, exercising his legal right to sick leave. The next day, he returned to work with an official medical certificate in hand. What he received instead of understanding was a written warning for allegedly “failing to comply with managerial instructions” and “not delivering assigned tasks on time.” The second warning came too fast Just two weeks later, Bill received a second warning. This time, the accusation was that his tasks were once again unfinished. He tried to explain that he had been overworked for months   juggling feature development, system maintenance, security patches, and reporting responsibilities with no added support. “Software engineering isn’t just typing code,” he told HR. “If I rush, the system could break, crash, or get hacked.” The company seemed to understand. They said they’d reduce his workload moving forward. But only if he agreed to accept the second warning without dispute. He came to me with questions he couldn’t ask anyone else When Bill arrived at my office, it was clear this wasn’t just about work. It was about dignity, stability, and fairness all hanging in the balance. He asked:  “Can they give me a warning just because I took a sick day?”  “They’re offering to help, but only if I admit I was wrong. Should I agree?”  “Are they trying to make me quit on my own?” A legal analysis of Bill’s case As his legal counsel, I explained: Taking sick leave with a valid doctor’s note is a protected right under Thai labor law.  Penalizing someone for this could be unlawful and discriminatory.  Issuing a written warning under such circumstances may qualify as unfair treatment, or even bad faith discipline.  Forcing an employee to accept a warning in exchange for reduced workload especially under pressure can be viewed as coercive. If this warning is later used to justify termination, it may not hold up in court. If the company decides to terminate… I prepared Bill for the possibility:  If the company tries to terminate him for cause, using the warnings as justification, we would immediately contest the legitimacy of the warnings.  If they refused to pay severance, we would file a case with the Labor Court to claim all entitlements severance, unpaid wages, and compensation for unfair dismissal. Lessons from Bill’s Case  Foreign employees in Thailand have the same labor protections as Thai nationals.  Companies cannot manufacture a record of “insubordination” through questionable warnings to justify avoiding severance obligations.  Never sign or acknowledge a warning letter unless you fully understand the implications. If you’re going through something like what Bill faced, don’t suffer in silence. The law exists to protect you and I’m here to help ensure it does. If you need help reviewing a warning letter, preparing for termination, or simply understanding your rights under Thai labor law, I’m ready to assist confidentially, and with full understanding of the expat experience. Because justice isn’t just for the well-connected it’s for everyone who has the courage to stand up for it. Victor Wong (Peerasan Wongsri) Victor Law Pattaya/Finance & Tax Expert Email: <[email protected]> Tel. 062-8795414