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Ex-Employer won't give my Certificate of Employment unless.....

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j24


Arresto Menor
I am recently hired and just started my work last Monday July 22. One of the requirements of my new company is the Certificate of Employment. So I called my previous employer to request for a Certificate of Employment, and he said he can give me my Certificate of Employment but he had only one question that I needed to answer truthfully. So he asked me if I am the one who is behind/creator of the facebook group page that is named after his company with additional days after it. for example: "CompanyName Days". So I answered him honestly that I am the admin/creator of that facebook page.


Facts:
October 2008 - I officially left the company
January 2009 to April 2009 - they asked me a favor to return to the company just for a while since they are short in manpower. I accepted the offer since I am still waiting for the school year to open on June 2009
around 2011 - I created the facebook group page
July 2013 - my first job since I resigned with that company stated above
*The facebook group page had already been taken down/deleted since 2011


This is the story behind the facebook page:

I made a facebook page that has title "CompanyName days". My only purpose in creating that page is to have a group page that my ex-co workers can post when they want to have and organize reunion or hang outs. That is also why I have added the word "DAYS" after the company. It's all about reminiscing those days that we've together with that company. What bond us. And also I've uploaded pictures of us during our days with that company, those outings together with our boss and his family and some group pictures with my ex-co workers inside the office. Since that group page is dedicated to be the medium to connect with each others, as the admin/moderator of that page (maybe it's also my fault in a way) that I didn't control some of the comments/post of some ex-co workers that one had comment in one of the picture like this 'Saan yan? akala ko nag service ka lang nyan noon. gumala ka pala. buti hindi ka pinagalitan ni kalbo. hahaha' then some more comments like 'oo nga, naglalakwatsa ka lang pala. huli ka. may ebidesya. hahaha'. and they're conversing in a 'joke' way.


Ex-Employer issue about facebook page:

So when I called him to request for a COE, and answered him honestly about his question that I am the creator of the facebook page. He get mad and said that he can press charges for me, for copyright and infringement something like that. Because he said I didn't ask for permission to post those pictures (even though it's been 2years since I left the company that I've made that page) and that I stole it. And he sought that I stole those photos, and it's a company property. And I don't have the right to post those pictures because he and his family are on those pictures and maybe for defamation (because they refer to him as kalbo, and I think nothing more). But he can also give me a Certificate of Employment when I give him a apology letter. Stating that I am the person behind that group page and I am apologizing for what I have done. He said maybe then he can give me the COE.


My vocal apology:
So when I talked to him through phone call, I've apologized for what I've done, for making that page, for naming that page after he's company but with "Days" after it. for posting those pictures of us together with him and his family in an outings and events. for tolerating some comments that may appear offensive to him. And I also apologize in behalf of those people who commented.


My Question:

My 1st question is, should I give him what he want? Should I give him an apology letter stating that I am the person behind that group page and I am apologizing for what I have done. BECAUSE I AM AFRAID HE MIGHT USE IT AGAINST ME.

My 2nd question is, he already threatened me to press charges. Can he really do that? since today we have the CYBERCRIME LAW? Does the Cybercrime law extent to this case which occur before there is a cybercrime law?

My 3rd question is, he said that he had a print screen copy of the facebook group page comments/pictures/and the page itself. and he threatens to use is against me. but the page had been already been taken down/deleted since he requested it from the facebook report to take it down. since 2011. can he really use it against me?

My 4th question is, am I really wrong? I've posted a picture of us together with our boss and his family without him knowing it? and using his company name as title to our group page (not really title since I've added 'Days' after the CompanyName)

My last question is: What are my rights in requesting a COE? does this matter really affects may chances of getting a COE? What if he really does give me a COE, then i submit it to my current employer, then my current employer will call may ex-employer for a routine validation or check and what if he then undermine me and will say bad things and exaggerated things about me.

WHAT SHOULD I DO?


Hoping for you advice soon, so I can decide what do to since I really need to submit my remaining requirement.

Thank you very much for your time.

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