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seeking Professional service fee but no employment contract yet

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jcm0731


Arresto Menor
dear attorney,
I'm need of your legal advice desperately.
I am an I.T. professional for last 15 years.Four months ago, I engaged into a software implementation project into this manufacturing company. the IT head of the company was my former boss from the previous company I've worked for the last 7 years. Mr. IT head left the previous company I worked for, 2 years before I did. I left the company last year.
Since Mr. IT head know each other, he asked for my service as project consultant 4 months ago since I am currently out of work. I immediately agreed for the chance to earn. I have work immediately on the project even though all agreements are 'verbal' between me and Mr. IT head, and also involve is his current IT administrator guy. I have deployed the project since December last year, and even conducted training to users at least on 2x occasions, I've been reporting to the office for the last 4 months and uses all the office facilities (emails, computers) and even have my company ID. all discussions on the project are also done via emails..
BUT we did not have any signed contract for this project. AND currently 4 months have past, I was not given any monetary payments for all my services/work done. I started asking Mr. IT head since November when I will be getting my cheque payment, he claim last November that it was supposedly for release already. BUT until now I got zero(0) payment.
Attorney, may I request for legal advise for my rights to claim what is due of me? All I want is this manufacturing company to pay me the months of service I already rendered.

thank you very much.

jcm

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attyLLL


moderator
send a demand letter first, then you can file a small claims case if it's not more than 100k. rules on sc.judiciary.gov.ph. no lawyer required.


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Jowsierowsie


Arresto Menor
atty i joined a start up company since sept 2011.. i still presently employed with them as a finance manager. no contract watsoever but im getting paid.
now i heard they will do a background ceheck.. i am afraid as a finance head they might take it against my position my crdit card delnquency.. is this possible atty?

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attyLLL


moderator
that may be taken against you, but it's almost six months so you should become a regular employee


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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Jowsierowsie


Arresto Menor
attyLLL wrote:that may be taken against you, but it's almost six months so you should become a regular employee

atty. do i have a right to claim that i am a regular employee? like what i mentioned i they did not give me an employment contract. am i supposed to have proof to demand to be a regular employee?

also, if they take it against me.. dont i have a right to fight for my position? there is no code of conduct set up no rules no whatsoever since its a start up? if i am a regular employee.. can they terminate me right away with my credit card deliquency??

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attyLLL


moderator
if credit card delinquency cannot be tied to your position, i would argue that it should not be used against you.


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