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unjust employer?

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1 unjust employer? on Thu May 12, 2016 4:41 pm


Arresto Menor
I have a friend who works in a distribution company her documented position was A/R Manager. However the son of the owner asked her to do a "bargain sale" project since she also had a previous experience in Marketing. She never received any documentation as to any transfer of position but she was physically transferred to the Marketing Dept. The bargain sale started last July of 2015, the items being sold are either near expired, or expired or old stocks. What happens is that the sale run for six month until December and by January of this year she received an Incident Report regarding losses (items, cash) that amounted to 300K to 800K. She was not given any feedback after every event (she was not audited). The delivery and pull-out of items were done by a 3rd party and after each pull-out there was no inventory. My friend wasn't able to do inventory after every pull-out since they were only given 30 minutes to pack before closing of the malls. The company has no policies in terms of doing inventory, and that their items were not insured since no one would accept since some of their products were expired. Then she had an administrative hearing last March wherein after the hearing she decided to file her resignation. After receiving the resignation there was no feedback from the company's end. Then she made a follow up regarding her back pay and they sent her back pay computation indicating that they are charging 300K for loss items which they were not able to prove. My friend has been with the company for more than 15 years and this is her first time to receive an incident report. Can my friend file for a complaint to DOLE despite her resignation? Is it right to deduct the 300K without her concurrence? Thank you in advance for the help.

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2 Re: unjust employer? on Fri May 13, 2016 8:40 am


Reclusion Perpetua
She can file a complaint for her backwages. The company can deduct even if she doesn't agree. Anyways if she files a complaint, the company will have to prove that the deduction was just and it went thru the process.

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3 Re: unjust employer? on Fri May 13, 2016 8:54 am


Reclusion Perpetua
She needs to understand though that if she files a complaint and the employers were able to prove that the 300k was just, she will be liable for that amount

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