hi, i hope you can answer my concern. my previous employer recently sent me a letter from their legal consultant saying that they will file an estafa case against me for having a fraudulent transaction when i was still employed with them. i have already resigned almost 2 years ago and they let me sign a quitclaim, issued coe after being cleared. the clearance is signed by all department heads and they deducted all shortages from my last pay which is kept by my employer. their collections department has been to my place twice already. i can't recall having such transaction. what other evidence do i have to prove that i'm already cleared by them and what can i do to stop the harrassment at home since my parents have heart ailments and are bothered by them. i already working at another company after resigning. thank you in advance for your replies.

If your previous employers has a strong grounds that you committed fraudulent transactions, they can file a case. If such threat will be proved as malicious, you can file for harassment.

you mean they can file a case against me even if they have already cleared me upon resigning? their evidence could only be the information system which is created and maintained by their own m.i.s. department. obviously they can alter anything there.

If they have uncovered or traced something, yes they can especially if the evidence is substantial and the amount involved is quiet huge amount.

HR Adviser wrote:If they have uncovered or traced something, yes they can especially if the evidence is substantial and the amount involved is quiet huge amount.

if that's the case then the clearance and quitclaim waivers doesn't make any sense then because that's when they will be tracing everything. i can no longer defend it if such thing is true because i no longer have access to their system. involved amount is allegedly P50k, thanks for the quick reply.

Clearance and quitclaim are for labor purposes. I'll give you a concrete example and similar to your situation which I have handle years ago:

In a bank, a particular Credit Investigator worked with an individual. A CI's purpose is to conduct background checking for individuals who wish to loan from the bank. The CI verified the addresses given by the loaner so the loan was granted. He resigned afterwards. When he was cleared, given last pay and COE, the loaner stopped paying his debt. When the bank traced the loaner's address, they discovered that such address is non-existent.

To make the story short, both was jailed for estafa.

If you know you didn't do something, you have nothing to worry about.
Good Luck

@metaledge-these are my adivces:

1. Once they visited your house again tell them file a legal case against you and you are ready to answer all their concerns in legal way. tell them also that you and your family are being harrassed and demoralized by their way of visiting you in your house and you have the right to file also a case agaisnt them by doing that.

2. if you know that you do not have any fraudulent transaction with them and they file a case, challege them to show evidences agaisnt you and if they follow the due process for taking this case agaisnt you. In NLRC it is not only the evidences weigh but also the due process on how the case being transpired.

tnx for the replies.

anyway, here's what happened:
2 yrs ago while working as the head of the branch, we're responsible for transferring cash to our tellers. what they've showed to me so far is that there's a printout for only that certain transaction via our own software that indicates it's being transferred to a certain account which should not be. but there's a note there that indicates to whom we transferred the amount to and there's also a receipt where the sender and the receiver will both sign to during the actual cash transaction which they no longer have.