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Deduction from last pay

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1 Deduction from last pay on Tue Aug 13, 2013 8:31 pm

grian_germata


Arresto Menor
I would like to consult about my last pay. I intentionally did not return or deposit my 15k collection because I know my last salary, commission, my 13th month(half)and excess reimbursement will be hold. I asked my company if it is okay to have the 15k be deducted to the total last pay I will receive since obviously I will receive something more. They refused to consider it and they said to deposit the 15k first and then they will release the last pay. I told them I cannot deposit it anymore since I spent it already. I asked them, what's the point of holding my last pay? The 15k is my accountability, so they can deduct it to my last pay.

My question is, can I insist them to deduct the 15k from my last pay and give what is due to me after deducting the said amount?

Please help me explain to them.

Thank you and God bless.

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2 Re: Deduction from last pay on Wed Aug 14, 2013 7:50 am

grian_germata


Arresto Menor
Atty what should be done?can they file stafa case against me when in fact i honestly told them that i will not return it and suggested to have it deducted to my last pay.thnk u.pls advise

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3 Re: Deduction from last pay on Wed Aug 14, 2013 8:17 am

grian_germata


Arresto Menor
Atty what should be done?can they file stafa case against me when in fact i honestly told them that i will not return it and suggested to have it deducted to my last pay.thnk u.pls advise

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4 Re: Deduction from last pay on Wed Aug 14, 2013 9:01 am

HR Adviser


Reclusion Perpetua
They could charge you with qualified theft (I think) since the money is owned by the company and that they haven't authorized you to use it. It is not your call to spend it and just deduct it from your last pay.

If I am the company's HR, I would hold your clearance until you are able to return the 15k (since it is your liability). If you wouldn't pay it ASAP, I will be construed to bring the matter to our legal counsel.

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5 Re: Deduction from last pay on Thu Aug 15, 2013 4:17 pm

grian_germata


Arresto Menor
Thank you.

I will take your advice.

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6 Re: Deduction from last pay on Mon Aug 19, 2013 12:35 pm

attyLLL


moderator
my position is that it should estafa through abuse of confidence.


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7 Re: Deduction from last pay Today at 4:18 am

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