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Intentional withold of Paycheck

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1 Intentional withold of Paycheck on Tue Aug 21, 2012 1:06 pm


Arresto Menor
I have been working on a company for more than six years, the client as to which I was assigned has end their contract. They want to re-assigned me to another project but I had refuse. After several negotiations, I had decided to work as a part time consultant on that project.

My fulltime employment has ended last july 31, 2012. The administrative assistant has assured me that I will still be getting my salary at the end of the month and that the last pay (which includes separation pay + pro rata 13th month pay) shall be given 2-3 weeks later.

Last July 31, 2012, I did not receive my salary, so I talk to the administrative assistant. She kept on insisting that I had resigned so my last salary will be given together with my backpay. This is not suppose to be the case since she said a week before that I will still be receiving my salary at the end of the month. Since the argument is going nowhere, I had decided to escalate the problem to company's owner.

The owner instructed the admin assistant to deposit the paycheck on my account next morning. But instead of doing so, she went on a sick leave. She called the office the next day to have our liason officer to process the backpay of other two employees that had resigned prior to me but she failed to inform the liason officer to deposit my paycheck which is in her desk. I feel that this is intentional.

Last August 15, 2012, I was suppose to get my paycheck for my part-time consultancy, but to my surprise again, there was no salary credited to my account. I had learned from a co-employee that the admin assistant said that consultant will only receive their salary at the end of the month. This should not be the case since there were no mention of such arrangement in the new contract that I had signed. So again, I talk directly to the company owner and he agreed to pay me in the usual bi-monthly period.

So I waited to get my salary on the next day, but there was none credited. I had learn from a co-employee that I need to sign a voucher first before I can get my cheque, but this arrangement is absurd since I can never can go in the office at normal office hour since I have a fulltime employment.

So again I contacted the company owner and consulted him of this problem. He had instructed me to email the admin assistant to have the cheque deposited to my account last friday, and leave the voucher on my desk so I can sign it in the evening. I did exactly what he had told me, on the next day I still did not get my salary. When I check my email, the admin assistant emailed back that I should be the one talking to the liason officer to have my cheque deposited. This is highly absurd since she have the check and the liason is officer is working under her, it won't take 5 seconds to give the instruction but she refuses to do so. This is clearly intentional. It has been a long weekend and I don't have my salary.

What complain can I file against her? What sanctions can I demand?

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2 Re: Intentional withold of Paycheck on Tue Aug 21, 2012 9:20 pm


the meaning i get is that you are now a contractor, not an employee. do write a letter to the management regarding release of your payment, and clarify how it should be released in the future

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