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Help please

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1 Help please on Fri Sep 17, 2010 10:38 am

antonclaudz


Arresto Menor
Hi, I am so grateful about the noble deed of some lawyers giving free advice online, may God continue to pour His blessings upon you and your loved ones! Atty, this is my concern, my wife was offered a "job" as a unit manager in one of the insurance company. She was not an employee of the said company because she is not under their payroll and was given an allowance of 15k per month for 3 months as start up. There was no formal contract regarding this and was even made to sign in a note book with a label CASH ADVANCE every time she receives her allowance for 2months. She did not perform according to the company standard and was not given her 3rd month allowance and she opted to leave the company. The problem is that the owner of the company is asking her to return the 30K which they gave her because it is under CASH ADVANCE. It is unfair on our part because that money was used for her operational expense and partly used in our household expense because that time that was her only job and I myself was not employed.

My following questions are:

1. What should we do?
2. Can that company file an estafa/small claims file against her?
3. What case could we counter the claim?
4. How much would it cost us to fight that company in court knowing that the amount involved is only 30K?
5. Are evidence/witness required?

Thank you



Last edited by antonclaudz on Fri Sep 17, 2010 11:35 am; edited 1 time in total (Reason for editing : added further data/questions)

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2 Re: Help please on Fri Sep 17, 2010 10:42 pm

attyLLL


moderator
try to document the acts your wife did in order to serve the company to show that she actually rendered services to for the company's benefit and account how she spent the money.

i would rely on a defense that it was actually compensation and this cash advance is a guise to avoid an employer-employee relationship.


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3 Re: Help please on Mon Sep 20, 2010 8:54 am

antonclaudz


Arresto Menor
Thank you so much atty for the wise and quick advise.

What I am planning is to go to every individual and institution she went to have a seminar regarding insurance policies and get their sworn statements that we indeed went to their places and held a seminar.Plus the daily expense in gasoline going back and forth from our home to the office.

May I ask, will that company file and estafa or small claims file against her even if we could provide sworn statements? we could fight that company in court but we do not have the sufficient funds for both of us is only earning enough to run our household and for the needs of our baby.

Is going to DOLE a wise move?

Thank you.

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4 Re: Help please on Mon Sep 20, 2010 5:25 pm

attyLLL


moderator
i cannot predict what the company will do. with a cash advance, it is possible to weave a case of estafa for any unaccounted funds.

was she give a particular time to come to the office? one possible test that may be applied, is whether she was also being controlled as to the means and methods of how she would produce results, meaning she was being supervised by the company; hence an employee.

why was her relationship with the company terminated?


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5 Re: Help please on Mon Sep 20, 2010 5:56 pm

antonclaudz


Arresto Menor
There are times that she is asked to report to the office for some trainings, yes she is being controlled and supervised by the company on their standard on how to produce results. everything looks easy on paper but in reality its really hard closing a deal, though she was able to close one. And if there are no trainings, she is asked to go and look for prospective agents and clients.

she just left that company when she knew that her third month allowance was forfeited and when the owner called her up and told her that she does not want to work with her anymore.

may I ask if going to the DOLE necessary? Thank you atty.

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6 Re: Help please on Mon Sep 20, 2010 5:59 pm

antonclaudz


Arresto Menor
follow up question po atty. If her classification falls under an employee, then that cash advance was actually her salary because she worked for it, right?

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7 Re: Help please on Mon Sep 20, 2010 7:00 pm

attyLLL


moderator
i do not believe going to the dole is necessary. if she is found to be an employee than yes, it can be said it was her salary.

the hard part here is she just left. if she was an employee and did not render 30 days notice, she can be liable for damages, but it is not considered estafa. good luck.


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8 Re: Help please Today at 5:18 am

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